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Full text of "Statement of information : hearings before the Committee on the Judiciary, House of Representatives, Ninety-third Congress, second session, pursuant to H. Res. 803, a resolution authorizing and directing the Committee on the Judiciary to investigate whether sufficient grounds exist for the House of Representatives to exercise its constitutional power to impeach Richard M. Nixon, President of the United States of America. May-June 1974"


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STATEMENT OF INFORMATION 



HEARINGS 

BEFORE THE 

COMMITTEE ON THE JUDICIARY 

HOUSE OF REPRESENTATIVES 

NINETY-THIRD CONGRESS 

SECOND SESSION 

PURSUANT TO 

H. Res. 803 

A RESOLUTION AUTHORIZING AND DIRECTING THE COMMITTEE 

ON THE JUDICIARY TO INVESTIGATE WHETHER SUFFICIENT 

GROUNDS EXIST FOR THE HOUSE OF REPRESENTATIVES TO 

EXERCISE ITS CONSTITUTIONAL POWER TO IMPEACH 

RICHARD M. NIXON 

PRESIDENT OF THE UNITED STATES OF AMERICA 



Book IV— Pakt 8 

EVENTS FOLLOWING 
THE WATERGATE BREAK-IN 

March 2-2, IDTo-April 30, Idli. 



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MAY-JUNE 1974 



^NORTHEASTERN llMVLKSiTY SCliCCl of li^ LIBRARY 



U.S. GOVERNMENT PRINTING OFFICE 
35-004 O WASHINGTON : 1974 



For s;ile by the Superintendent of Documents, U.S. Government F'rintin^' Office, WashiriKton, D.C. 2lf-4')2. I'rice: $15.15 in sets of 3 parts. 



COMMITTEE OX THE JUDICIARY 



PETER W. RODINO, jR. 
HAROLD D. DONOHUE, Massachusetts 
JACK BROOKS, Texas 
ROBERT W. KASTENMEIER, Wisconsin 
DON EDWARDS, California 
WILLIAM L. HINGATE, Missouri 
JOHN CONYERS, Jr., Michigan 
JOSHUA EILBERG, Pennsylvania 
JEROME R. WALDIE, California 
WALTER FLOWERS, Alabama 
JAMES R. MANN, South Carolina 
PAUL S. SARBANES, Maryland 
JOHN F. SEIBERLING. Ohio 
GEORGE E. DANIELSON. California 
ROBERT F. DRINAN, Massachusetts 
CHARLES B. RANGEL, New Yorli 
BARBARA JORDAN, Texas 
RAY THORNTON, Arkansas 
ELIZABETH HOLTZMAN, New York 
WAYNE OWENS, Utah 
EDWARD MEZVINSKY, Iowa 



, New Jersey, Chairman 

EDWARD HUTCHINSON, Michigan 
ROBERT McCLORY. Illinois 
HENRY P. SMITH III, New York 
CHARLES W. SANDMAN, Jr., New Jersey 
TOM RAILSBACK. Illinois 
CHARLES E. WIGGINS. California 
DAVID W. DENNIS, Indiana 
HAMILTON FISH. JR., New York 
WILEY MAYNE, Iowa 
LAWRENCE J. HOGAN, Maryland 
M. CALDWELL BUTLER, Virginia 
WILLIAM S. COHEN, Maine 
TRENT LOTT, Mississippi 
HAROLD V. FROEHLICH. Wisconsin 
CARLOS J. MOORHEAD, California 
JOSEPH J. MARAZITI, New Jersey 
DELBERT L. LATTA, Ohio 



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John Doar, Special CounKfl 
Albert E. Jesner. Jr., Special Counsel to the Minority 
Joseph A. Woods, Jr., Senior Aasociate Special Counsel 

RiCH.ARD Cates. Senior Associate Special Counsel 

BBRNARt) W. NrssBAiM, Senior Associate Special Counsel 

Robert D. Sack, Senior Associate Special Counsel 

Robert A. Shelton. Associate Special Counsel 

Samuel Garrison III, Deputy Minority Counsel 



Fred H. Altshuler, Counsel 
Thiimas Bell, Counsel 
W. Pai'l Bishop. Counsel 
Robert L. Brown. Counsel 
Michael M. Conwat, Counsel 
RfFfS C(jrmier, Special Assistant 
E. Lee Dale. Counsel 
John B. Davidson, Counsel 
Evan A. Davis, Counsel 
CONSTANTiNE J. Gekas. Counsel 
Richard H. Gill. Counsel 
Dac.mar Hamilton. Counsel 
David Hanes. Special Assistant 
John E. Kennahan. Counsel 
Terry R. Kirkpatrkk. Counsel 
Jdhn K. L.vbovitz. Counsel 
LAtRANCE LucciiiNO, Counsel 
R. L. S.MITH McKeithen. CoMn«c! 



Alan Marer. Counsel 
Robert P. Mirphv. Counsel 
James B. F. Oliphant. Counsel 
Richard H. Porter, Counsel 
Geurce Ravborn, Counsel 
James Rei m. Counsel 
Hillary D. Rodham. Counsel 
Stephen A. Sharp, Counsel 
Jared Sta.mell, Counsel 
RoscoK B. Starek III, Counsel 
Gary W. Sitton. Counsel 
Edward S. Szukelewicz. Counsel 
Robert J. Trainor. Counsel 
J. Stephen Walker. Counsel 
Ben A. Wallis, Jr.. Counsel 
WiLLiA.M Weld. Counsel 
William A. White. Counsel 



(H) 



CONTENTS 



Page 
Statement of Information 1081 



Statement of Information and 

Supporting Evidentiary Material - Part 3 1121 



NOTE: Book IV is published in three parts. Part 1 contains the entire 
statement of information and supporting evidentiary material for 
paragraphs 1-32. Part 2 contains copies of paragraphs 34-57 and 
the supporting evidentiary material for those paragraphs. Part 3 
contains copies of paragraphs 58-90 and the supporting evidentiary 
material for those paragraphs. 



(Ill) 



STATH4ENT OF INFORMATION 

EVENTS FOLLOWING 

THE WATERGATE BREAK- IN 

I'ferch 22, 1973 - April 30, 1973 

Part 3 



(1081) 



58. On April 15, 1973, from 11:A5 to 11:53 p.m., the President had 
a telephone conversation with Henry Petersen. The President told Petersen 
that he had met with Dean. There was also a discussion of whether the 
President should ask Dean, Haldeman and Ehrlichman to resign. Petersen 
has testified that the President told him that Dean had given the 
President basically the same information which Dean had previously 
given to the prosecutors. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 

Page 

58.1 Henry Petersen testimony, 9 SSC 3648 1124 

58.2 President Nixon daily diary, April 15, 1973, 

Exhibit 20, In re Grand Jury . Misc. 47-73 1125 

58.3 House Judiciary Committee staff summary of 
White House edited transcript of a telephone 
conversati6n between the President and Henry 

Petersen, April 15, 1973, 11:45 - 11:53 p.m'. 1128 



(1083) 



59. On April 16, 1973 from 8:18 to 8:22 a.m. the President had a 
telephone conversation with John Ehrllchman. Ehrllchman has testified 
that the President stated he was going to ask Dean to resign or take a 
leave of absence because Dean apparently continued to have access to 
White House files and because the President and Dean then had basically 
an adversary relationship. From 9:50 to 9:59 a.m. the President met 
with Haldeman and Ehrllchman. There was a dlsctisslon of what the Presi- 
dent would say to Dean and of what statement might be released to the 
press . 

In response to the Committee's subpoena for the tape recording 
and other evidence of the conversation between the President, Haldeman 
and Ehrllchman, the President has produced an edited transcript of the 
recording. A summary of that transcript has been prepared. 

Page 

59.1 John Ehrllchman testimony, 7 SSC 2807-08 1132 

59.2 President Nixon daily diary, April 16, 1973, 

Exhibit 21, In re Grand Jury . Misc. 47-73 113A 

59.3 House Judiciary Committee staff sunmiary of 
White House edited transcript of a meeting 
among the President, H.R. Haldeman and John 
Ehrllchman, April 16, 1973, 9:50 - 9:59 a.m 1137 



(1084) 



6J. On April 16, 1973 the President met with John Dean from 10:00 to 
10:40 a.m. The following Is an Index to certain of the subjects discussed 
In the course of that meeting: 



President's request that Dean submit a 
letter of resignation or a request for 
a leave of absence, and discussion of 
other resignations. 

March 21, 1973 conversation among the 
President, Dean and Haldeman, and what 
Dean should say about that conversation. 

V/hether the President would waive 
executive privilege. 

How events after the break-In and after 
March 21 would be described. 

What Induced Magruder to talk and the 
President's desire to take credit for 
Magruder' s cooperation. 

President's statements to Dean that 
Dean should tell the truth. 

Executive clemency. 

President's statement that Dean was 
still his counsel. 

What should be done about legal 
problems of White House aides. 



TRANSCRIPT PAGE 



1, 8, 11, 12, 
51-53 



17-21; 24-27 
22, 28 
22-28; 42-43 

31-34 

34-35; 44 
35-36; 46-48 

38 

38-42; 45-51 



(1085) 



Page 

60.1 President Nixon daily diary, April 16, 1973, 

Exhibit 21, In re Grand Jury , Misc. A7-73 1143 

60.2 Drafts of two letters to the President dated 
April 16, 1973, SSC Exhibit No. 34-49, 

3 SSC 1314-15 1146 

60.3 Tape recording of a conversation between the 
President and John Dean, April 16, 1973, 10:00 - 
10:40 a.m., and House Judiciary Committee 

transcript thereof 1148 



(1086) 



61. On April 16, 1973 from 10:50 to 11:04 a.m. the President, H. R. 
Haldeman and John Ehrllchnan met. The President reported on his meeting 
with Dean. There was a discussion of a "scenario" of events after the 
President became aware that there were some discrepancies between what 
he had been told by Dean in the report that there was nobody in the 
White House involved. 

In response to the Conmittee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of that recording. A stuonary of that transcript has 
been prepared. 



Page 

61.1 President Nixon daily diary, April 16, 1973, 

Exhibit 21, In re Grand Jury . Misc. 47-73 1204 

61.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, H.R. Haldeman and John 
Ehrlichman, April 16, 1973, 10:50 - 11:04 a.m 1207 



(1087) 



62. On April 16, 1973 from 12:00 to 12:31 p.m. the President met 
with H. R. Haldeman. There was a dlsctisslon of what Haldeman might 
state publicly about his Involvement in the transfer of cash from the 
White House to CRP. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

62.1 President Nixon daily diary, April 16, 1973, 

Exhibit 21, In re Grand Jury . Misc. 47-73 121A 

62.2 House Judiciary Committee staff suimnary of 
White House edited transcript of a meeting 
between the President and H.R. Haldeman, 

April 16, 1973, 12:00 - 12:31 p.m 1217 



(1088) 



63. On April 16, 1973 from 1:39 to 3:25 p.m. the President met with 
Henry Petersen. Ronald Zlegler was also present from 2:25 to 2:52 p.m. 
During this meeting Petersen gave the President a report on the Investi- 
gation and a written memorandiim summarizing the prosecutors' evidence as 
of that time Implicating Haldeman and Ehrllchman. There was discussion 
of whether the President should ask Haldeman and Ehrllchman to resign. 
In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 

Page 

63.1 Henry Petersen testimony, 9 SSC 363A 1224 

63.2 Memorandum from Henry Petersen to the President, 

April 16, 1973, SSC Exhibit No. 147, 9 SSC 3875-76.. 1225 

63.3 Henry Petersen testimony, Watergate Grand Jury, 
Febrtiary 5, 1974, 21-22 (received from Watergate 

Grand Jury) 1227 

63.4 President Nixon dally diary, April 16, 1973, 

E3d»iblt 21, In re Grand Jury . Misc. 47-73 1229 

63.5 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
between the President and Henry Petersen, 

April 16, 1973, 1:39-3:25 p. m 1232 



(1089) 



64. On April 16, 1973 from 3:27 to 4:04 p.m. the President met with 
John Ehrlichman and Ronald Ziegler. There was a discussion of the infor- 
mation furnished by Henry Petersen. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

64.1 President Nixon daily diary, April 16, 1973, 

Exhibit 21. _In re Grand Jury . Misc. 47-73 1252 

64.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, John Ehrlichman and 

Ronald Ziegler, April 16, 1973, 3:27-4:04 p.m 1255 



(1090) 



65. On April 16, 1973 from 4:07 to 4:35 p.m. the President met with 
John Dean. The following is an index to certain of the subjects discussed 
during that conversation: 

TRANSCRIPT PAGE 



Presidential statement in regard 

to Watergate. 1-3, 15, 18, 26 

Haldeman, Ehrlichman and Dean's 
continued presence on the White 
House staff. 3-7, 24-25 

Magruder's negotiations with the 

U. S. Attorneys. 8, 16-17 

President's statement to Dean to 

tell the truth. 10 

Dean's proposed testimony before 

the grand jury in regard to the 

issue of Haldeman 's prior knowledge 

of the DNC break-in. 10-15 

Possible discovery of Hunt and Liddy's 

involvement in the Fielding break- in. 20-21 

Senate Select Committee and the 
failure of "containment" during 
the past nine months. 22-24 



(1091) 



Page 

65.1 President Nixon dally diary, April 16, 1973, 

Exhibit 21, In re Grand Jury . Misc. 47-73 1267 

65.2 Letter from John Dean to the President, 

April 16, 1973, SSC Exhibit No. 34-50, 3 SSC 1316 1270 

65.3 Tape recording of a conversation between the 
President and John Dean, April 16, 1973, 4:07 - 
4:35 p.m., and House Judiciary Conmilttee 

transcript thereof 1271 



(1092) 



66. On April 16, 1973 from 8:58 to 9:14 p.m. the President spoke 
by telephone with Henry Petersen. Petersen gave the President a report. 
The President said he would not pass the information on because he 
knew the rules of the Grand Jury. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

66.1 House Judiciary Committee staff summary of White 
House edited transcript of a telephone conversation 
between the President and Henry Petersen, April 16, 

1973, 8:58 - 9:14 p.m 1298 

66.2 President Nixon daily diary, April 16, 1973, 

Exhibit 21, In re Grand Jury , Misc. 47-73 1304 



(1093) 

35-904 O - 74 - pt, 3 — 2 



67. On April 17, 1973 from 9:47 to 9:59 a.m. the President met with 
H. R. Haldeman. The President instructed Haldeman to tell Kalnbach that 
LaRue was talking freely. There was discussion of the problem raised by 
Dean's efforts to get immunity. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

67.1 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
between the President and H.R. Haldeman, 

April 17, 1973, 9:47 - 9:59 a.m 1308 

67.2 President Nixon daily diary, April 17, 1973, 

Ejdiibit 48, In re Grand Jury , Misc. 47-73 1312 



(1094) 



68. On or about April 17, 1973 John Ehrlichman had telephone conver- 
sations with Charles Colson, White Rouse aide Ken Clawson, and former 
CRP campaign director Clark MacGregor. Ehrlichman asked Colson and 
Clawson about their recollections regarding Dean's allegations that 
Ehrlichman had told Dean to destroy documents from Hunt's safe and to 
order Hunt to leave the country. During the course of their conver- 
sation, Colson and Ehrlichman discussed nailing Dean by seeing that 
he not get immunity. Each of these conversations was tape recorded 
by Ehrlichman. 



Page 

68.1 Transcript of a telephone conversation between 
John Ehrlichman and Clark MacGregor, SSC Exhibit 

No. 107, 7 SSC 3007-08 .1318 

68.2 Tape recording of a telephone conversation between 
John Ehrlichman and Ken Clawson, April 17, 1973. 
(received from SSC) and House Judiciary Committee 
transcript thereof 1320 

68.3 Tape recording of a telephone conversation between 
John Ehrlichman and Charles Colson, April 17, 1973 
(received from SSC) and House Judiciary Committee 
transcript thereof 1325 



(1095) 



69. On April 17, 1973 at 10:26 a.m. Gray met with Petersen in Gray's 
office. Gray has testified that he admitted to Petersen that he had 
received files from Dean in Ehrllchman's office and told Petersen that 
he had burned the files without reading them. Petersen told Gray that 
the assistant D. S. attorneys would want him before the grand jury. 
During the afternoon of April 17 Petersen told the President that Gray 
had admitted destroying docimients he received from Dean. 



Page 

69.1 L. Patrick Gray log, April 17, 1973 (received 

from SSC) 1332 



69.2 L. Patrick Gray testimony, 9 SSC 3471. 



1334 



69. 3 Henry Petersen testimony, 9 SSC 3624-26. 1335 

69.4 Henry Petersen testimony, Watergate Grand Jury, 
Febrtiary 5, 1974, 26-27 (received from Watergate 

Grand Jury) 1338 

69.5 White House edited transcript of a conversation 
between the President and Henry Petersen from 

2:46 to 3:49 p.m., April 17, 1973, 1, 38-40 1340 



(1096) 



70. On April 17, 1973 from 12:35 to 2:20 p.m. the President met with 
H. R. Haldeman and John Ehrllchman. Ronald Zlegler joined the meeting 
from 2:10 to 2:17 p.m. There was a discussion about what to do about 
Dean and what Dean might say If he were fired; about the motive for 
making payments to the defendants; about what Strachan would say con- 
cerning Intelligence material received from Magruder; and about whether 
Dean had reported to the President In the summer of 1972. There was 
also discussion of a press plan. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A strnmary of that transcript has 
been prepared. 



Page 

70.1 President Nixon dally diary, April 17, 1973, 

Erfilbit 48, In re Grand Jury , Misc. 47-73 1346 

70.2 House Judiciary Committee staff summary of White 
House edited transcript of a meeting among the 
President, H.R. Haldeman, John Ehrllchman, and 

Ronald Zligler, April 17, 1973, 12:35 - 2:20 p.m 1350 



(1097) 



71. On April 17, 1973 from 2:39 to 2:A0 p.m. the President had a 
telephone conversation with John Ehrllchman. There was a discussion 
of what the President would say to Petersen about Immunity for top 
White House staff members. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

71.1 President Nixon dally diary, April 17, 1973, 

Ejdiibit A8, In re Grand Jury . Misc. 47-73 1388 

71.2 House Judiciary Committee staff summary of 
White House edited transcript of a telephone 
conversation between the President and John 
Ehrllchman, April 17, 1973, 2:39 - 2:40 p.m 1392 



(1098) 



72. On April 17, 1973 from 2:46 to 3:49 p.m. the President met with 
Henry Petersen. There was a discussion about whether Petersen had 
passed grand jury Information to Dean and about whether Dean would be 
granted Immunity. The President read to Petersen a proposed press 
statement and Petersen stated the difficulties which would be posed 
by a statement that the President opposed granting Immunity to high 
White Rouse officials. Petersen told the President that Gray had 
admitted receiving from Ehrllchnan and Dean documents unrelated to 
Watergate taken from Hunt's safe. Petersen said that Gray said he had 
burned these doctments without reading them. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

72.1 President Nixon dally diary, April 17, 1973, 

Exhibit 48, In re Grand Jury , Misc. 47-73 1396 

72.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
between the President and Henry Petersen, 

April 17, 1973, 2:46 - 3:49 p.m 1400 



(1099) 



73. On April 17, 1973 from 3:50 to A: 35 p.m. the President met with 
H. R. Haldeman, Ronald Ziegler and John Ehrllchman. The President 
described his conversation with Petersen. There was a discussion of 
whether Haldeman and Ehrllchman should take leaves of absence. The 
President went over the text of the statement he was about to give. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President haa produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

73.1 President Nixon dally diary, April 17, 1973, 

Exhibit 48, In re Grand Jury . Misc. 47-73 1412 

73.2 House Judiciary Conmilttee staff summary of 
'\'hlte House edited transcript of a meeting 
among the President, H.R. Haldeman, Ronald 
Ziegler and John Ehrllchman, April 17, 1973, 

3:50 - 4:35 p.m 1416 



(1100) 



74. On April 17, 1973 from 4:42 to 4:45 p.m. the President issued a 
public statement containing two announcements. The President first 
announced that White House personnel would appear before the Senate 
Select Committee, but would reserve the right to assert executive 
privilege during the course of questioning . He then reported that on 
March 21 he had begun intensive new inquiries into the whole Watergate 
matter and that there had been major developments in the case. The 
President stated he had expressed to the appropriate authorities his 
view that there should be no immunity from prosecution for present 
or former high Administration officials. The President said that 
those still in government would be suspended if indicted and discharged 
if convicted. 



Page 

74.1 President Nixon statement, April 17, 1973, 

9 Presidential Documents 387 1420 



(1101) 



75. On April 17, 1973 the President met in his EOB office with 
William Rogers from 5:20 to 6:19 p.m. and with H. R. Haldeman and John 
Ehrlichman from 5:50 to 7:14 p.m. The President briefed Rogers on his 
investigation and his discussion with Petersen. There was a discussion of 
whether Haldeman, Ehrlichman and Dean should resign and of Dean's testimony 
against Haldeman and Ehrlichman. Haldeman and Ehrlichman reported on 
their conversation with John Wilson, a defense attorney in criminal cases 
who had been recommended by Rogers. There was a discussion of what 
Dean had told Kalmbach about the purpose of the money he was asked to 

raise . 

In response to the Committee's subpoena for the tape recording 
and other evidence of the President's conversations of April 17, 1973 
from 5:50 to 7:14 p.m., the President has produced an edited transcript 
of the recording of his conversations from 5:20 to 7:14 p.m. A summary 
of that transcript has been prepared. 



Page 

75.1 President Nixon daily diary, April 17, 1973, 

Exhibit 48, In re Grand Jury , Misc. 47-73 1422 

75.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, William Rogers, H. R. 
Haldeman and John Ehrlichman, April 17, 1973, 
5:20 - 7:14 p.m 



.1426 



(1102) 



76. In April 1973 former and present White House aides and CRP 
officials were interviewed by the prosecutors or called before the 
Watergate Grand Jury. These included E. Howard Hunt, Gordon Liddy, 
Jeb Magruder, Gordon Strachan, Richard Moore, Dwight Chapin, Herbert 
Kalmbach, James McCord, Fred LaRue, Herbert Porter, John Mitchell, 
Charles Colson and John Dean. 



Page 

76.1 Transcript of a telephone conversation between 
John Ehrlichman and Herbert Kalmbach, April 19, 
1973, SSC Exhibit No. 77, 5 SSC 2215-17 U44 

76.2 Transcript of a telephone conversation between 
John Ehrlichman and Charles Colson, April 17, 

1973, SSC Exhibit No. 109, 7 SSC 3010-11 1447 

76.3 United States v. Chapin indictment, November 

29 , 1973 1449 

76.4 United States v. Mitchell indictment, March 

1, 1974, 1, 20-21, 44-50 1450 

76.5 Jeb Magruder testimony, 2 SSC 808 1460 

76.6 John Dean testimony, 3 SSC 1009 1461 

76.7 Richard Moore testimony, 5 SSC 2059 1462 

76.8 Fred LaRue testimony, 6 SSC 2298 1463 

76.9 In re Grand Jury , Misc. 47-73, docket, 

March 28, 30, April 3, 5, 1973 1464 

76.10 Herbert Porter testimony, 2 SSC 637 1466 



(1103) 



77. On April 18, 1973 the President had telephone conversations 
with Henry Petersen from 2:50 to 2:56 p.m. and from 6:28 to 6:37 p.m. 
Petersen has testified that the President told him that Dean said he 
had been granted immunity and the President had it on tape, and that 
Petersen denied that Dean had been granted immunity. Petersen told 
the President that the prosecutors had received evidence that Gordon 
Liddy and E. Howard Hunt had burglarized the office of Dr. Fielding, 
Daniel Ellsberg's psychiatrist. The President told Petersen that he 
knew of that event; it was a national security matter; Petersen's 
mandate was Watergate; and Petersen should stay out of the Fielding 
break- in. The President told Petersen that the prosecutors should 
not question Hunt about national security matters. After this tele- 
phone call, Petersen relayed this directive to Silbert. 

In response to the Committee's subpoena for the tape recording 
and other evidence of the telephone conversations between the Presi- 
dent and Petersen from 2:50 to 2:56 p.m. and from 6:28 to 6:37 p.m., 
the President has produced an edited transcript of the conversation 
from 2:50 to 2:56 p.m., during which the President and Petersen dis- 



(1104) 



cussed immunity for Dean and Magruder. A summary of that transcript has 
been prepared. The President has informed the Committee that the 
telephone call from 6:28 to 6:37 p.m. was placed from Camp David and 
was not recorded. 



Page 

77.1 President Nixon daily diary, April 18, 1973, 

Exhibit 49, In re Grand Jury . Misc. 47-73 1469 

77.2 House Judiciary Committee staff summary of 
White House edited transcript of a telephone 
conversation between the President and Henry 
Petersen, April 18, 1973, 2:50 - 2:56 p.m 1472 



77.3. Henry Petersen testimony, Watergate Grand 

Jury, August 23, 1973, 73-75 (received from 

Watergate Grand Jury) 1474 

77.4 Henry Petersen testimony, Watergate Grand 
Jury, February 5, 1974, 12-14, 19-20 

(received from Watergate Grand Jury) 1477 

77.5 Henry Petersen testimony, 9 SSC 3630-31, 

3654-56 1482 

77.6 President Nixon statement, August 15, 1973, 

9 Presidential Documents 991, 993 1487 

77.7 President Nixon news conference, August 22, 

1973, 9 Presidential Documents 1016, 1020 1489 

77.8 John Dean testimony, 3 SSC 1019-20 1491 



(1105) 



78. On April 19, 1973 John Dean issued a public statement declaring 
in part that he would not become a scapegoat in the Watergate case. He 
added that anyone who believed that did not know the true facts nor 
understand our system of justice. Following Dean's statement, Stephen 
Bull of the President's White House staff checked with the Secret Service 
agent in charge of the White House taping system to determine if Dean 
knew about the existence of the taping system. The agent replied that 
as far as the Secret Service knew Dean had no such knowledge. 



Page 
78.1 John Dean testimony, 3 SSC 1020 1*94 



78.2 New York Times , April 20, 1973, 1, 11 

78.3 Stephen Bull testimony. In re Grand Jury , 
Misc. 47-73, January 18, 1974, 2544-46... 



78.4 Louis Sims testimony. In re Grand Jury 
Misc. 47-73, January 17, 1974, 2447-48 



,1495 



1496 



1499 



(1106) 



79. On April 19, 1973 the President met with Richard Moore. They 
discussed the President's public statement of April 17 and the fact that 
on March 20, 1973 Dean and Moore discussed Dean's telling the President 
about the Watergate matter. Moore has testified that the President 
said that he had told Dean that to raise money for the Watergate 
defendants was not only wrong but stupid. Moore told the President 
that Dean had shown him a list of individuals who might be indicted, and 
that Dean had said that Ehrlichman's problem might be involved with the 
Ellsberg case. The President responded that the White House investigation 
of Ellsberg had to be done because J. Edgar Hoover could not be counted 
on as he was a close friend of Ellsberg 's father-in-law. 



Page 

79.1 Richard Moore testimony, 5 SSC 1961-62, 

1982-83 1502 

79.2 President Nixon daily diary, April 19, 1973, 

Exhibit 50, In re Grand Jury , Misc. 47-73 1506 



(1107) 



80. On April 19, 1973 from 8:26 to 9:32 p.m. the President met with 
John Wilson and Frank Strickler, attorneys for H. R. Haldeman and John 
Ehrlichman. There was a discussion of the case against Haldeman and 

Ehrlichman. 

The Committee has requested the tape recording and other 
evidence of this conversation. The President has provided an edited 
transcript of that recording. A summary of that transcript has been 
prepared. 



Page 

80.1 President Nixon daily diary, April 19, 1973, 

Erfiibit 50, In re Grand Jury , Misc. 47-73 1512 

80.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, John Wilson and Frank 
Strickler. April 19, 1973, 8:26 - 9:32 p.m 1515 



(1108) 



81. Between April 19 and April 26, 1973 the President had eleven 
conversations with Henry Petersen. Petersen has testified that during 
these conversations the President asked Petersen for a detailed written 
report on the Watergate matter; discussed the advisability of retaining 
Haldeman and Ehrlichman at the White House; and discussed the progress 
of the Grand Jury investigation. Petersen has testified that some time 
in the course of the April discussions the President made a flattering 
reference to Petersen as an adviser to the President and said he would 
have to serve as "White Hoiise counsel." The President also asked 
Petersen whether he would like to be FBI director, but stated he was 
not offering him the job. 



Page 

81.1 Meetings and conversations between the 
President and Henry Petersen, April 
19-26, 1973 (received from White 

House) 1532 

81.2 Henry Petersen testimony, Watergate Grand 
Jury, February 5, 1974, 17-23, 29-33 

(received from Watergate Grand Jury) 1535 



(1109) 

35-904 O - 74 - pi. 3 -- 3 



82. On April 20, 1973 Herbert Kalmbach was scheduled to testify 
before the Watergate Grand Jury. On the afternoon prior to his 
scheduled appearance, John Ehrlichman and Kalmbach had a telephone 
conversation, which was taped by Ehrlichman without Kalmbach' s know- 
ledge, during which they discussed Kalmbach 's payment of funds to 
the Watergate defendants. 



Page 

82.1 Transcript of a telephone conversa- 
tion between John Ehrlichman and 
Herbert Kalmbach at A: 50 p.m., 
April 19, 1973, SSC Exhibit No. 77, 

5 SSC 2215-17 ^5A8 

82.2 Herbert Kalmbach testimony, 5 SSC 2162-63 1551 



(1110) 



83. On April 22, 1973, Easter Simday, the President telephoned 
John Dean from Key Biscayne, Florida. Dean has testified that the 
President called to wish him a happy holiday. 



Page 

83.1 Meetings and conversations between 
the President and John Dean, April 

22, 1973 (received from White House) 1554 

83.2 John Dean testimony, 3 SSC 1020 1555 



(1111) 



8A. On April 25 and 26, 1973 Presidential aide Stephen Bull delivered 
a number of tape recordings of Presidential conversations to H. R. 
Haldeman. At the President's request Haldeman listened to the tape 
recording of the President's March 21, 1973 morning meeting with John 
Dean, made notes and reported to the President. 



Page 

84.1 Meetings and conversations between the 

President and H. R. Haldeman, April 25-26, 

1973 (received from White House) 1558 

8A.2 Portion of log of access to tapes of 

Presidential conversations maintained by the 
Secret Service, Exhibit 7, In re Grand Jury , 
Misc. 47-73 1559 

84.3 H. R. Haldeman testimony, November 8, 1973, 

In re Grand Jury , Misc. 47-73, 927, 937-38 1561 

84.4 Stephen Bull testimony, November 2, 1973, 

In re Grand Jury . Misc. 47-73, 344-45 1565 

84.5 President Nixon statement, November 12, 

1973, 9 Presidential Documents 1329 1567 

84.6 H. R. Haldeman testimony, Watergate Grand 
Jury, January 30, 1974, 25-31 (received 

from Watergate Grand Jury) .' 1568 

84.7 H. R. Haldeman notes of listening to tape 

of March 21, 1973 meeting (received from Water- 
gate Grand Jury) 1575 

84.8 Raymond Zurawalt testimony, November 1, 1973, 

In re Grand Jury . Misc. 47-73, 96-97 1606 

84.9 H. R. Haldeman calendar, April 25 and 26, 

1973 (received from SSC) ■'•608 



(1112) 



85. On April 26, 1973 Senator Lowell Weicker, a member of the Senate 
Select Committee, released to the press information that Patrick Gray 
had burned politically sensitive files which had been given to him by 
John Dean from Howard Hunt's White House safe. Petersen has testified 
that on this date the President telephoned him to ask if Gray ought to 
resign as Acting FBI Director and that Petersen told the President that 
he thought Gray's position was untenable. At the President's instruc- 
tion, Petersen, Gray and Kleindienst met that evening and discussed 
Gray's possible resignation. Kleindienst telephoned the President and 
recommended that Gray step down, but added that Gray did not see it 
that way. The President told Kleindienst that he would not require 
Gray to resign immediately. Gray has testified that Kleindienst also 
stated after speaking to the President there must be no implication 
that in burning these files there was any attempt of a coverup at the 
White House. 



Page 

85.1 L. Patrick Gray testimony, 9 SSC 3491-92, 

3495 1614 

85.2 New York Daily News , April 27, 1973, 2 1617 

85.3 Meetings and conversations between the 
President and Henry Petersen, April 26, 

1973 (received from White House) 1618 

85.4 Henry Petersen testimony, 9 SSC 3625-26, 3654 1^19 

85.5 Meetings and conversations between the i 
President and Richard Kleindienst, April 

26, 1973 (received from White House) 1^22 

85.6 Richard Kleindienst testimony, 9 SSC 3598-99 1623 



(1113) 



86. On April 26, 1973 Jeb Magruder resigned his post as Director 
of Policy Development for the Department of Commerce. 



Page 
86.1 Washington Post . April 27, 1973, Al, A16 1626 



(1114) 



87. On the afternoon of April 27, 1973 Patrick Gray notified 
Lawrence Higby that he was resigning as Acting Director of the FBI. 
From 4:31 to 4:35 p.m. on April 27, the President had a telephone conver- 
sation with Petersen during which the President asked if Petersen had 
any information that would reflect on the President. Petersen said no. 
At the President's request, Petersen met with the President from 5:37 
to 5:43 p.m. and from 6:04 to 6:48 p.m. The President again asked if 
there was adverse information about the President. Petersen said he was 
sure that the prosecutors did not have that type of information. 

The Committee has requested the tape recordings and other 
evidence of various Presidential conversations on the afternoon and 
evening of April 27, 1973. The President has produced edited transcripts 
of the conversations between the President and Petersen from 5:37 to 5:43 
p.m. and among the President, Petersen and Ronald Ziegler from 6:04 
to 6:48 p.m. Summaries of the transcripts have been prepared. 

Page 

87.1 L. Patrick Gray testimony, 9 SSC 3492-93 1629 

87.2 L. Patrick Gray log, April 27, 1973 

(received from SSC) 1631 

87.3 Meetings and conversations between the 
President and Henry Petersen, April 27, 

1973 (received from White House) ; 1633 

87.4 Henry Petersen testimony, 9 SSC 3636 1634 



(1115) 



Page 

87.5 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
between the President and Henry Petersen 

April 27, 1973, 5:37 - 5:43 p.m 1635 

87.6 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, Henry Petersen and 
Ronald Ziegler, April 27, 1973, 6:04 - 

6:48 p.m 1638 



(1116) 



88. On or about April 28, 1973 H.R. Haldeman and John Ehrlichman 
determined that they should resign from their positions on the White 
House staff. Haldeman and Ehrlichman have testified that the President 
did not request their resignations. 

Page 

88.1 H.R. Haldeman testimony, 8 SSC 3096 1648 

88. 2 John Ehrlichman testimony , 7 SSC 2808-09 1649 



(1117) 



89. On April 29, 1973 the President met with Attorney General 
Richard Kleindienst at Camp David. They discussed Kleindienst 's 
resignation as Attorney General. The President asked Kleindienst 
if he could announce Kleindienst 's resignation in his statement the 
next day and Kleindienst consented. Also on that date the President 
met with Elliot Richardson at Camp David and informed him of his 
Intention to nominate Richardson to be Attorney General. The President 
told Richardson that he would commit to Richardson's determination 
whether a special prosecutor was needed . 



Page 

89.1 Elliot Richardson testimony, SJC, 
Richardson Confirmation Hearings, 

May 22, 1973, 228 1652 

89.2 Elliot Richardson press conference, 

October 23, 1973, 29 1653 

89.3 Richard Kleindienst testimony, 

9 SSC 3597-98 1654 



(1118) 



90. On April 30, 1973 the President made a nationwide televised 
address on the Watergate matter. He announced the resignations of H. R. 
Haldeman, John Ehrlichman, Richard Kleindienst and John Dean and the 
appointment of Elliot Richardson as Attorney General of the United 
States. 



Page 

90.1 President Nixon address, April 30, 

1973, 9 Presidential Documents A33-34 1658 



(1119) 



STATEMENT OF I>JFORM/VTION 
AND 
SUPPORTING EVIDENCE 



EVENTS FOLLOWING 

THE WATERGATE BREAK- IN 

March 22, 1973 - April 30, 1973 

Part 3 



(1121) 



58. On April 15, 1973, from 11:45 to 11:53 p.m., the President had 
a telephone conversation with Henry Petersen. The President told Petersen 
that he had met with Dean. There was also ^discussion of whether the 
President should ask Dean, Haldeman and Ehrlichman to resign. Petersen 
has testified that the President told him that Dean had given the 
President basically the same information which Dean had previously 
given to the prosecutors. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 

Page 

58.1 Henry Petersen testimony, 9 SSC 3648 1124 

58.2 President Nixon daily diary, April 15, 1973, 

Exhibit 20, In re Grand Jury . Misc. 47-73 1125 

58.3 House Judiciary Committee staff summary of 
White House edited transcript of a telephone 
conversati6n between the President and Henrr' 

Petersen, April 15, 1973, 11:45 - 11:53 p.m'. 1128 



(1123) 



58.1 HENRY PETERSEN TESTIMONY, AUGUST 7, 1973. 9 S5C 3648 

3648 

Senator Gurnet. Did you know at any time, Mr. Petersen+that Hal- 
deman and Dean were trying to pet the CIA to stop the investigation 
of the FBI as far as the Mexican money was concerned ? 

Mr. Petersen. Only to the extent of Pat Gray's conversation with 
me on or around July 5. 

Senator Gurnet. What did he tell you at that time? 

Mr. Petersen. He didn't tell me he had been contacted by the White 
House. He told me he had been in contact with CIA and that there was 
some, it was a very guarded conversation type of thinor, well, need to 
know situation, and I simply, well, tliat may be, but don't accept that 
imless you accept it in writing, but I had no more information than 
that on that 

Senator Gurnet. You didii't know anything about the White House 
involvement ? 

Mr. Petersen. No. 

Senator Gurnet. Just CIA ? 

Mr. P*ETERSEN. That is right. 

Senator Gurnet. At any time during this whole sad affair, either 
last year or this year, until the events that transpired around April did 
anybody try to pressure you to stop or slow down or soft-pedal this 
investigation that you were in charge of ? 

Mr. Petersen. Xo, sir, the only thing that could possibly cast in 
that category would be the call from Ehrlichman with respect to-Stans' 
subpena and, you know, frankly, that didn't botherme too much. As I 
told Kleindienst, he just made a mistake. But no one else. There was 
some pressure to get the indictment out, get the indictment, they 
wanted it out by September 1. We couldn't do that. I f ranklv promised 
them September.;!, we couldn't do it until September 15. That didn't 
impair the investigation. We were ready to go to trial in November, 
but Judge Sirica had a bad back and continued the thing on his own 
motion. 

Senator Gurnet. Let me inquire about the contacts you had with 
the President of the United States. The log here shows a great many 
phone calls as well as some meetings. Of course, you have covered some 
of them. 

Mr. Petersen. Some of them, yes, sir. 

Senator Gurnet. What about those four phone calls which the Pres- 
ident initiated to you after your afternoon meeting with him on 
April 5. What were those about ? 

Mr. Petersen. The first was should I meet with John Dean. Yes. 
The second was a meeting has been set up. The third was if Ldddv is 
not talking because of any sense of misguided loyalty to me, you had 
better disabuse him and I am issuing orders to you to that effect. The 
fourth one, I have had a meeting with Dean, he has given me basically 
what he has told you and I think it has been helpful. 

Senator Gurnet. Without going over all of these, because I know . 
you have covered some of them, but I can't identifv what vou have 
and what you haven't. Generallv, what was the President calling you 
about during this period of time ? 

Mr. Peteksex. Status reports, immunitv. the Ellsber? thing. 
Strachan's tostimonv. We had Straolian like this and i[agnider on one 
side and Strachan on the other and wp finally decided to put them both 



I ■' 

L 



NOTE: THE AFTERNOON MEETING BETWEEN THE PRESIDENT AND HENRY 

PETERSEN REFERRED TO BY SENATOR GURNEY IN THE BRACKETED 
PORTION OF PAGE 3648 ACTUALLY TOOK PLACE ON APRIL 15, 1973. 



(1124) 



S8. 2 PRESIDENT NIXON DAILY DIARY, APRIL IS, 1973, EXHIBIT 20, 
IN RE GRAND JURY, MISC. 47-73 



IK.. v;miil house 


I'lvLSIDilNT [JCIiAriD NlXOil'S L'AILY DIAKY 

(^-r Tr.i.rl Fr....,! .' r l.j.-l Ai!...i,) 


IIA< 1. IIAV I'lOAN ^ _, .,.. ,^, '^'^If- I'l"- L)-'. ^'' ) {■. . ^ 

*xcvisc.i. 7/26/73 (■ I 'i:cvr;:":"-yr^ -Ai'RiLJ,5,_i97j3 _..■•' 


Till-; KIIITH HOUSE 


1; ■.-^. L-;;{:;uiv '"■"■'^ dav 


U'ASiilNGTON, D.C 


^1 .:/-)f\ Vv,.!'.-- 12:09 a.n. SUNDAY 


TIME 


I'lioNr 

R-Kc^fivc.I 


\ ■ "■^"v^^'' " \ ACTIVITY 


In 


O-.t 


lo 


ID 




12:09 


12:16 


P 




The PresidenC talked with Army Vice Chief of Staff Gen. 
Alexander M. Haig, Jr. 


12:20 


12:32 


P 




The President talked with television writer and producer 
Paul W. Keyes. 


12:33 




P 




The President telephoned his Press Secretary, Ronald L. 
Ziegler. The call v;as not completed. 


12:35 


12:45 


P 




Tne President talked v;ith his Assistant, Henry A. Kissinger. 


1:01 


1:04 


P 




The President talked with Mr. Ziegler. 


8:41 




R 




The President was telephoned by Attorney General Richard G. 
Kleindienst. The President's Special Assistant, Stephen B. 
Bull, took the call. 


9:A5 


, 






The President had breakfast. 


10:02 




R 




The President was telephoned by Mr. Kissinger. Mr. Bull took 
the call. 


10:13 


10:15 


R 




The President talked with Attorney General Kleindienst. 


10:16 


10:17 


P 




The President talked with Mr. Kissinger. 


10:35 








The President went to the Oval Office. 


10:35? 


11:15 






The President met with his Assistant, John D. Ehrlichman. 


11:15 








The President returned to the second floor Residence. 


11:17 








The President and the First Lady went to the Yellow Oval Roora. 


11:17 


11:32 






The President and the First Lady had coffee with: 

Rev. Edward V. Hill, pastor of the Mount Zion 

Missionary Baptist Church, Los Angeles, California 
Mrs. Edward V. Hill 


11:32 








The Presidential party went to the East Room. 


11:33 


12:07 






Tlie President and the First Lady hosted a worsJiip service 
conducted by Rev. l!r. Hill. The Rochester Male Chorus cf 
Rochester, Minnesota alr.o participated in the service. For 
a list of quests, see APPEXDIX "A." 




/ 









.l.o. 3.. 



35-904 O - 74 - pt. 3 -- 4 



(1125) 



58,2 PRESIDENT NIXON DAILY VIABl, APRIL 25, 1973, EXHIBIT 20, 
IN RE GRAND JURY, MISC. 47-73 







PKESIDnrJT RiCHA;^D NIXON'S D.MI.Y DIAIiY 1 




!■.(, lij^d r.r,,...| r.„ T.^vtl A,l.>.ly) 


. IJAY 


II1.CAN L>A1£ (Mo. n,, Yr ) 




._APRIL_15, 197 3 , ' " 


T1!K V.'lUTi; HOUSE ^"■" '"''' ^ | 


Tl 


TOM n.r. 12:11 i..n. <^!:-;T,v I 


ME 


filONC 
R .KciCivcJ 


ACTivirr- 


In 


Out 


lo 


ID 


12:11 








The Prosidenc and the First Lady, accompanied by Rev. Mr. and 
Mrs. Hill, went to the State Dining Room. Enroute, they 
participated in a photo opportunity at the foot of the 
Grand Staircase. 

V/hite House photographer, in/out 


12:11 


1:05 






The President and the First Lady received their guests. 
Members of the press, in/out 
White House photographer, in/out 


1:05 








The President and the First Lady went to the Grand Hall. 


1:05 








The President and the First Lady participated in a photo 
opportunity with the Rochester Male Chorus. 
White House photographer, in/out 


1:11 








The President went to his office in the EOB. 


1:12 


2:22 






The President met with Attorney General Kleindienst. 


2:30 ? 


3:30 






The President met with Mr. Ehrlichman. 


3:27 


3:44 


P 




The President talked with his Assistant, H. R. Haldeinan. 


3:36 




R 




The President was telephoned by Attorney General Kleindienst. 
The call was not completed. 


3:48 


3:49 


R 




The President talked with Attorney General Kleindienst. 


' 3:50 




P 




The President telephoned Mr. Rebozo. The call was not 
completed. 


4:00 


5:15 






The President met with: 

Attorney General Kleindienst 

Henry E. Petersen, Assistant Attorney General 


5:17 




P 




The President telephoned Mr. Ehrlichman. The call was not 
completed. 


5:25 








The President went to West Executive Avenue. 


5:25 


5:32 






The President and Mr. Rebozo motored from the EOB to Pier On>^' 
of the Washinslon Navy Yard. Enro-.ito, the Presiiit-'Ut 
greeted menbcrs of the crowd asscr.bloo at the nortii exit 
of l.'est Executive Avenue. 


5:32 








The President and Mr. Kcbozo bo.irdeJ the Sequo' i. 

1 



9,3, 



(1126) 



58. 2 PRESIDENT NIXON DAILY DIARY, APRIL 25, 197S, EXHIBIT 20, 
IN RE GRAND JURY, MISC. 47-73 __^_ 

PRCSIOF.NT niCHAi;u lilXOri'S DAILY DIARY 

C^cc Tij.-I Iici..„l (,., Tcivrl A,n.,ly) 



TUF. '.•.'!II'J-E HOUSE 
WASHINCTON, D.C. 



OATE (Mo.. Di,. Yc ) v>. 

APRIL 15, 1973 ' •' 

TIME DAY V'" 

5:32 p.n. SU: IDAY 



I'iKiNi; 

I' l-lncj 



5:37 



7:24 
7:34 

7:43 
7:50 

8:14 
8:25 
9:17 
9:39 
10:16 



(I^ 



11:21 

11:45 



7:24 



7:42 

9:15 

8:18 
8:26 

10:12 
9:41 

11:15 



11:53 



The. President and Mr. Rcbozo were greeted by Lt . Cdr. 
Andrew J. Combe, Captain of the Sequoia . 

Tiie President went boating on the Sequoia . He was 
accompanied by: 
Mr. Rebozo 

Lt. Col. William L. Golden, Military Aide 
Maj . Gen. Walter R. Tkach , Personal Physician 
Manolo Sanchez, valet 

Tlie Sequoia docked at Pier One of the VJashington Navy Yard. 

The President and Mr. Rebozo motored from the Washington Navy 
Yard to V/est Executive Avenue. 

The President returned to his office in the EOB. 

The President met with: 
Mr. Elirlichman 
Mr. Haldeman 

The President talked with Mr. Petersen.- 

Tlie President talked with Mr. Petersen. 

The President met with his Counsel, John W. Dean HI. 

The President talked with Mr. Petersen. 

The President met with: 
Mr. Haldeman 
Mr. Ehrlichman 

The President returned to the second floor Residence. 

The President talked with Mr. Petersen. 



(1127) 



58. 3 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 25. 1973. 11:45-11:53 P.M. TELEPHONE CONVERSATION 



APPENDIX 29 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
APRIL 15, 1973, 11:45 p.m. to 11:53 p.m. 

Oh April 15, 1973 the President spoke with Assistant Attorney General 
Henry Petersen by telephone between 11:45 and 11:53 p.m. The President told 
Petersen that he had asked Dean when he wanted to resign, and Dean said he 
preferred to wait until he had testified. The President said, "But, what do 
you want me to do? I don't want to interfere with your process?" Petersen 
said that he didn't think they ought to, not yet, because he [Dean] was the 
first one to "really come in." The President replied that, "The main thing 
Henry we must not have any question, now, on this, you know I am in charge 
of this thing. You are and I am. Above everything else and I am following it 
every inch of the way and I don't want any question, that's of the fact that 
I am a way ahead of the game. You know, I want to stay one step ahead of the 
curve." Petersen reiterated that they should "hold the line." The President 
said that when Petersen let him know he would call Dean "in and naturally he 
will have to resign." (pp. 1-2) , 

The President asked Petersen about Haldeman and Ehrlichman. 
Petersen said he thought they would ultimately have to resign, but that he 
would like to wait until they testified. Petersen said they wanted to 
fashion all the things into a pattern. The President asked Petersen 
how soon he thought that would be done. Petersen told the President it 



(1128) 



58. 3 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 16, 2973, 11:45-11:52 P. M-. TELEPHONE CONVERSATION 



would take two weeks or more. The President asked Petersen to give him 
"a little sheet of paper on both [Haldeman and Ehrlichman] as to what 
you feel their vulnerabilities are so that I — could you do that?" 
Petersen said he would try. (p. 4) The President said that Haldeman, 
Ehrlichman and Dean would resign at "a moment's notice because they put the 
office first. But the only thing I am concerned about is in the prosecu- 
tion of a case like this, it may be that if you have them move it may have 
an effect on some of the others you are trying to get to testify." Petersen 
said, "That is certainly true with Dean." (pp. 3-5) 

Petersen asked for more time to think about Ehrlichman and Haldeman 
and "weave all of the facts with respect to them into a pattern." He said 
it was "not going to come out neat and clean" with respect to either of 
them. The President said that the case appeared to him to be basically an 
obstruction of justice case, with the possibility of knowledge by Haldeman. 
Petersen said it was easy for him to see how they "fell into" the obstruction 
of justice thing. The President replied, "Yeah. Uh, huh. Rather than being 
directly conspirators?" Petersen said, "That's right. That's right." The 
President said he supposed there was a difference in that respect, and Petersen 
said at least "in moral culpability." They discussed the possibility of "ulti- 
mate embarrassment" necessitating the need for Haldeman 's and Ehrlichman' s 
resignations, while they might not be subject to legal liability. The President 
said he would wait until he heard from Petersen before moving on Dean. Petersen 
said it was not going to be in the next few days because they had Strachan, 
LaRue and O'Brien. The President asked Petersen about Magruder, and Petersen 
said they were negotiating with Magruder's attorneys. The President said 

-2- 

(1129) 



58. S HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 16^ 1973, 11:45-11:53 P.M. TELEPHONE CONVERSATION 



that Petersen's idea of getting Magruder to plead guilty and "beating the 
damn press and the Ervin Committee to it is a very good one." Petersen 
said tht negotiations were under way but that Magruder 's counsel were 
afraid Sirica would clap him in jail immediately. The President said 
that "Sirica's got to see the point of this. My goodness because the point 
is Sirica's got to realize he is getting bigger fish." To which Petersen 
replied, "That's right." (pp. 5-8) 



(1130) 



59. On April 16, 1973 from 8:18 to 8:22 a.m. the President had a 
telephone conversation with John Ehrlichman. Ehrllchman has testified 
that the President stated he was going to ask Dean to resign or take a 
leave of absence because Dean apparently continued to have access to 
White House files and because the President and Dean then had basically 
an adversary relationship. From 9:50 to 9:59 a.m. the President met 
with Haldeman and Ehrlichman. There was a discussion of what the Presi- 
dent would say to Dean and of what statement might be released to the 
press . 

In response to the Committee's subpoena for the tape recording 
and other evidence of the conversation between the President, Haldeman 
and Ehrlichman, the President has produced an edited transcript of the 
recording. A summary of that transcript has been prepared. 

Page 

59.1 John Ehrlichman testimony, 7 SSC 2807-08 1132 

59.2 President Nixon dally diary, April 16, 1973, 

Exhibit 21, In re Grand Jury , Misc. 47-73 1134 

59.3 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, H.R. Haldeman and John 
Ehrlichman, April 16, 1973, 9:50 - 9:59 a.m 1137 



(1131) 



59. 1 JOHN EHRLICHMAN TESTIMONY, JULY ZO, 1973^ 7 SSC 2807-08 



2807 

Senator Ervix. And I have legal misgivings as well. Notwithstand- 
ing the fact my experience has been, in the long years of practicing 
law, that I can find a Federal decision in one of the circuits that will 
sustain any point on any side of the question. 

Senator Baker. It has been my experience practicing law too, when 
the Supreme Court denies certiorari I am out of business. 

Senator Ervix. Yes ; and so is the Supreme Court. 

Senator Bakzr. That is up to them to decide. I have argued long and 
hard with them and sometimes I won and sometimes I lost, and I like 
it better winning but that is not always the way it goes. 

Senator Ervin. Senator Gurney. 

Senator Gurnet. Mr. Ehrlichman, on April 14 you gave your report 
to the President on AVatergate. On April 30 you resigned from the 
White House staff. Xow, in the 2 weeks in between you had several 
meetings with the President of the United States. I presume some of 
these were on Watergate and conversations that led up to your resig- 
nation. 

Will you tell the committee what you said to the President and 
what the President said to you at these meetings? 

Mr. Ehrlichmax. Senator, notwithstanding Watergate, the business 
at the White House went on during those 2 weeks and quite a few of 
these meetings were with regard to the business at hand, and I will 

Senator Gtjrxey. I am not interested in that, only Watergate matters. 

Mr. Ehrlichmax. Right. Quite a bit of the conversation during this 
period of time had to do with John Dean's status in the White House. 
Henry Petersen became the President's confidant and righthand man 
on Watergate, following April 15. The President decided that he 
would work with Mr. Petersen personally. He did. He had a number 
of meetings with Mr. Petersen who gave him a good deal of addi- 
tional information which I did not have and to which I am not privy. 

One of the first things that Mr. Petersen apparently asked the 
President to do was fire Mr. Haldeman and me. 

Senator Gurxey. "When was that, do you know ? 

Mr. Ehrlichmax. Well, it must have been very early in the game, 
shortly — on or shortly after the 15th. 

The President pressed him for the basis of this request. Mr. Petersen 
acknowledged that there probably was no legal liability but that he 
felt that as a matter of appearances that this is the step that the Presi- 
dent should take. 

At the same time ifr. Petersen was urging the President not to fire 
Mr. Dean until such time as tlie prosecutors had had an opportunity 
to perfect their negotiations and their interrogation of Mr. Dean. And 
so there was a lot of conversation between us over this period of time 
both as to what our status should be in the Wliite House and what Mr. 

'ean's status should be. 

On Monday, the 16th. I believe it was, the President telephoned me 
and said that he was going to see Mr. Dean that morning. He had 
decided that ilr. Petersen's desires to the contrary- notwithstanding, 
he was going to request that Dean either take a leave or resign. 

He asked that letters he prepared that would be appropriate to both 
of these alternatives and he more or less dictated what should be in 



bo 

I an 

I dc 

I he 



(1132) 



59.1 JOHN EHHLICHMAN TESTIMONY, JULY 30, 197Z, 7 SSC 2807-08 



I ^ 

I H 

I ^ 



2808 

those letters. I say more or less. He literally did dictate what he wanted 
in them. I had my secretary type them basically from the notes that I 
took from that conversation of the President and I understand that 
later on he did present them to Mr. Dean and Mr. Dean refused to sign 
either one. So he reported that to me later on in the day. 
There were those kind of — those kind of questions that were going 

on in discussion. At a poin^ in time he asked Mr. Petersen 

Senator Gurntt. Stop right there. Did the President tell you why 
he wanted to fire Mr. Dean or have him resign ? 

Mr. Ehrlichman. Well, he felt that since Mr. Dean was continuing 
to come to the — come to the White House and apparently had access to 
his files and to other files presumably, in the central files of the Wlaite 
House, that it was — they had then basically an adversary relationship 
and that it was an uniealthy situation, there ought to be a clean 
termination. 

" This obviously did not take place. Mr. Petersen, I gather from talk- 
ing with the President, Mr. Petersen strongly urged the President 
following that, to make no move whererMr. Dean was concerned and 
the President acquiesced in that. 

We became — that is, Mr. Haldeman and I— became the targets of 
newspaper and other media attention about the 22d. about Easter, and 
from then on through the 30th, very vigorous newspaper attack, is the 
only thing I can say. The Los Angeles Times printed a totally dis- 
honest and false story about my intervention in some Middle East ac- 
tivity. We were continually finding— I was continually finding myself 
laying aside the work of the day to prepare press statements or to 
researcli documents, things of this kind. 

What I am leading to. Senator, is 

Senator GDH>rET. Just a moment. At that point I think we should 
strike from the record— Mr. Chairman, I think we should strike from 
the record mention of this Vesco case. 

Senator Ervtn. Yes. 

Senator Gurnet. We are trying to keep this 

Senator ER\^N. Yes ; it can be stricken from the record. 

Mr. Hundley. Mr. Chairman, I just want to state for the record, you 
know, the witness is being responsive and he has mentioned this case 
twice this morning. It just does not suffice for Mr. Mitchell's purposes 
every time it happens to strike it from the record. 

Senator Ervin. Well, we are glad to have the interjection about the 
Vesco matter stricken but I believe that is as far as we can go at this 
time. * 

Mr. Ehrlichman. In any event 

Senator Ervtn. And I will ask the witness to 

Mr. Ehrlichman. I am sorry. That 

Senator Ervin [continuing]. Anv refrain from further refer- 
ence 

nT^^u^^'^^^"'^'^'^" ■*■ ^^^ ^ personal interest in that one. I am afraid, 
Mr. Chairman, and this was the instance, however, that directly led to 
my realization that I simply could not do mv job there and continue 
with the denials and harassment and all that that was goinjr on. 

We began discussing very seriously with the President the need for— 
and this was separate— I began discussing and I understand Mr. Halde- 

(1133) 



59.2 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY. MISC. 47-72 

.i/M pi;i:s.';).::if raoi; ..;a ;;i;;Ori's u,iiLY diahy 



TilE WlilTKI'i'l'Si: 
HAS!! I Will-;, D.C. 



I rVr 



•■■■ii 



lIMt 
I 



12:08 
8:18 
3:26 

8:27 

8:29 

8:29 

9:24 
9:50 

10:00 
10:50 

11:04 
11:04 



12:23 
8:22 



9:24 

9:59 

10:40 
11:04 



11:11 



fX 






Ai'Kil. IG, 1073 

riMt DAY 

12:08 a.n. .MONDAY 



■''-V 



' TJTe President talked with liis Assistant, il. R. lUildenan. 

Tlie President talked v.'it'n his Assistant, John D. Ehrlichnan. 

The President talked with his Special Assistant, Steohen B. 
Bull. 



The President telephoned Staff Assistant Thomas Hart, 
call was not completed. 



The 



The President went to the first floor private dining room. 

The President held a breakfast meeting with Speaker of the 
House Carl B. Albert (D-Oklalioma) . 

Tae President went to the Oval Office. 

Tlie President met with: 
Mr. Ehrlichman 
Mr. Haldeman 

The President met with his Counsel, John U. Dean HI. 

The President met with: 
Mr. Haldeman 
Mr. Ehrlichman 

The President, accompanied by Secretary' of Labor Peter J. 
Brennan, went to the South Grounds of the I'Jhite House. 

The President and Secretary Brennan motored from the South 
Grounds of the UTiite House to the Washington Hilton Hotel. 

The President was greeted by Robert A. Ceorgine, Secretary- 
Treasurer of the Building and Construction Trades Department 
of the AFL-CIO. 

The President went to the Cabinet Room in the Washington 
Hilton. He was accompanied by: 
Secretary Bronnan 
Mr. Georgine 

Tlie President grocti^d general prosiJonts of union affiliates 
comprisin;; tiic lluildin!; and C.^'.is truce ion TraJ-.*.s Deiiartnent 
of tho A1-I,-CI0. For a list ot ;tttendeori. soo Al'r!'Nn!X "A." 



V---y ^..-u 



^.<.''.-<' ^^f— / 



(1134) 



S9.Z PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, 
EXHIBIT 21, IN RE GRAND JURY, MISC. 47-73 



.Ml TF. Hf^UM 



pn(-;s)i);:MT t?ic;i-,RD (.'ii'.orrs daily uiary 



!■! M I 11 \V hi LAN 



nil" u'lifTi: iiousi-; 
'..'Asii r.\r:fo\\ n.c. 



11:48 



LI 


57 




12 


00 


12:31 


12 


31 


12:39 



12:40 



12:58 

1 : 38 

1:30 



11:55 



12:57 



1:37 



3:2: 



■ " 'I ■•■ ;■.. V- 

IIMU M\Y 

11:11 -i.n. ::: 



TIk- ProbiJrnt idarjssed JvilefiiCcs attend : .ti; the Xacional 
Le,c;isL,Lt Lve mi ■.iw.l:- Confc-rcncc- of tiic Building and 
Coiistru.^tio.i Iralc-s r;epnrtncnC of the AFL-CIO. For a 
list ot head ta31e guests, see APPF:;DIX "B." 

Menbers of the press, in/out 

UTiite Kcjse photographer, in/out 

The President returned to his liir.ousine. lie was acconpanied bv: 
Secretary Brennan 
Mr. Georgino 
V"iite House photographer, in/out 

The President motored from the Washington Hilton Hotel to the 
South Grounds of the V.Tiite House. 

The President returned to the Oval Office. 

The President met with Mr. Haldeman. 

The President met 5;ith: 

Dr. John Xorris, retired Associate Medical Director of 
Eastman-Kodak and Chairman of the Board of Trustees 
of Alcoholics Anonymous (A.A) 
Robert Hitchins, General Manager of AA General Service 

Office 
Tom Pike, member cf the National Advis:;ry Council on 

Alcoholism 
Caspar V.'. Weinberger, Secretary of HEW 
James H. Cavanaugh, Staff Assistant 
Ifnite House photographer, in/out 
The President received the one millionth copv of the 
"Alcoholics Anonymous" book. 

The President met v.'ith: 

Roy D. Hickman, President of Rotary International 

V.'. Richard Howard, Special .Assistant 

(•."hite House :viotographcr , in/out 
Mr. Hickman preseated the President witii the Paul Harris 
Fellow Ai.-ard in reco.c-.nition of tl\e President's efforts to 
promote world understanding. 

The President met with his Press Secretary, Ronald L. Ziegler. 

Hie President \:c:\l to his office in the iCOB . 



Hie Preaideiit nv'l- wit-;: 

!k:;iry i:. '.•L^T.-en , 
Mr. 7,1 •.'■•. Kr 



:l:.t.\/,t Al torn^<v Ceneral 



(1135) 



S9. 2 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, 
EXHIBIT 21. IN PE GRAND JUEY. MISC. 47-? 3 



P. ..3ii.' ;ir r:.:.\- 



t ;..r I -I-.- 1 A. tiMr>> 






IiAlt ,:.!. -,,.1. Y: 1 

Ai'-:!!. \:,, 107T 



1 r\(i'. 

In I 0,.| 



i: K,,,n,.| 



2:19 
3:25 

3:27 
3:35 

4:04 

4:05 

4:07 

4:42 



4:55 
5:45 

6:01 



6:01 

6:15 

7:20 
8:28 
8:32 

8:42 
8:45 

8:58 
9:24 
9:27 



3:26 

4:02 
4:04 

4:05 

4:06 

4:35 

4:43 



6:01 
6:01 



6:10 



8:28 



8:41 



9:1^ 



9:49 



Tlie Prcsidnnt rccjucsted that Mr. Zieglcr join hin. 

The President talked vUth Mr. Ziegler. 

Tlie President raet with: 
Mr. Ehrlichtnan 
Mr. Zicgler 

The President talked with his Counsel, John W. Dean III. 

The President met with Mr. Bull. 

The President met with Mr. Dean. 

The Preside-t talked with his daughter, Julie. 

The President met with: 

William P. Rogers, Secretary of State 
Mr. Ziegler 

Tlie President and Secretary Rogers went to West Executive 
Avenue . 

The President and Secretary Rogers motored fron West Executive 
Avenue to Pier One of the Washington Nav\' Yard. 

The President went boating on the Sequo ia with Secretary 
Rogers. 

The President and Secretary Rogers had dinner on board. 

The Sequoia docked at Pier One of the Washington Navy Yard. 

The President motored from the Washington Nav\' Yard to Che 
South Grounds of the Ifliite House. 

The President returned to his office in the EOB . 

The President telephoned Mr. Ehrlichnan. The call was not 
completed . 

Tlie President talked with Mr. Petersen. 

IliG President rorurnod to the second floor Residence. 

ni.< Prosidont t.illua with Mr. EhrUchra.in . 



f:i>/SM/.in 



(1136) 



59. 3 HOUSE JUDICIABY COMMITTEE STAFF SUMMARY OF WHITE HOUSE 
EDITED TRANSCRIPT OF APRIL 16, 1973, 9:50-9:59 A.M. MEETING 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
April 16, 1973, 9:50 a.m. to 9:59 a.m. 

On April 16, 1973, the President met with H. R. Haldeman and 
John Ehrlichman in the Oval Office from 9:50 to 9:59 a.m. Ehrlich- 
man asked the President, "Did you get those — " and the President 
said, "I'm going to ask him which one he wants to sign." The 
President said it seemed to him that he did not want to pressure him. 
He asked Ehrlichman's advice, saying "[w]e've got plenty of time." 
Ehrlichman advised the President that Dean ought to sign both of them, 
so the President could use either or none, depending on how circum- 
stances unfolded. If he wouldn't, Ehrlichman said, "you know what to 
do at that point." Haldeman added, "You go to Petersen and ask him 
not to (unintelligible)." The President said that was why he wanted 
"to nail down what Dean said about other bugs on the White House and 
so forth, £ind so on. I assume that is the Plumbers operation." 
Ehrlichman replied, "No, no. What he Is referring to is the FBI's 
bugs on the journalists in the first year he was nominated." (p. 1) 

The President asked for advice about telling Dean "that anything 
in that area is National Security (unintelligible^" Ehrlichman 
replied that he thought the President should and that it should "cover 
not only that but Plumbing operation and anything else of which he has 
knowledge that I am (unintelligible) that with Executive Privilege 
right now." Ehrlichman said the "whole operation" was, because the 
President was afraid there were leaks at the NSC and was trying to 
find them. The President replied, "I thought they were due to the 



(1137) 



55. 3 BOUSE JUDICIAB7 COMMITTEE STAFF SUMMARY OF WHITE HOUSE 

EDITED TRANSCRIPT OF APRIL 16, 1973, 9:50-9:59 A.M. MEETING 

FBI." Ehrlichman replied, "Well, all the (unintelligible) were but there 
was one in Georgetown at somebody's house that actually was never put on. 
It was (unintelligible) but it was explored and how Dean knows about that , 
I don't know. The FBI files — " 

The President said, "(Unintelligible)," and Ehrlichman said, "I can't 
say. I doubt it. I think it was before his time." (pp. 2-3) 

The President referred to his phone call to Petersen the 
previous evening during which he discussed Liddy's silence. The 
President said he made the call in Dean's presence because Dean "said 
Liddy was saying how he knows Liddy had told (unintelligible) or 
something like that." (p. 3) 

The President said that he "would like also a scenario with regard 
to the President's role, in other words, the President — " Ehrlichman 
said that he had just talked with Ziegler, who felt that they had no 
more than 12 hours to take an initiative. Ehrlichman suggested that 
Ziegler set a meeting with Petersen and have the President persuade 
Petersen that "the announcement has come from the White House." The 
President responded, "I'll tell theml' Ehrlichman continued, "Otherwise 
the Justice Department will, of course, crack this whole thing." (pp. 3-A) 

Ehrlichman asked about Dean's statement the night before "that 
Petersen had told you [the President] that Liddy has not talked. 
They can't get Liddy to talk." Ehrlichman said, "Dean told us that 
Liddy had told him everything. Told the U.S. Attorney." The President 
said he knew that. Ehrlichman said, "Petersen lying to you or 



(1138) 



S9. 3 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE 
EDITED TRANSCRIPT OF APRIL 16, 1973, 9:50-9:59 A.M. MEETING 



(unintelligible)"; and the President said, "Well, maybe a little 
both." The President said, "A snow job" and Ehrlichman replied 
"Either that, or Dean is (unintelligible) cover-up In case anything 
starts to seep out." (p. 5) 

Ehrlichman discussed Ziegler's proposal "to get out the fact that 
Dean (unintelligible) you that the Dean report was inadequate 
(unintelligible) that several weeks ago you reinstituted an examin- 
ation of the personal investigation and that this culminated in a 
whole series of actions over the weekend." (p. 5-6) 

Ehrlichman said if he was "going to be splashed on this thing," 
the President was "better off now having another scrap with Dean." 
The President replied, "Well, somebody is going to be." The 
President asked Ehrlichman to talk to Moore to see Gray and said, 
"Time is of the essence right now." Ehrlichman said he was "going 
to get Moore to talk to Fielding also, and find out what was in there 
because I don't want to know." (pp. 6-7) 

Ehrlichman said the use and announcement of the letters of 
resignation that were to be signed by Dean would be at the President's 
discretion. Ehrlichman concluded the conversation by suggesting that 
the President should ask Dean if he intended to plead guilty. Ehrlich- 
man said, "And that will weigh in your own (unintelligible)." To 
which the President replied, "That's right. That's right. (Unin- 
telligible)" (p. 8) 

The transcript is followed by the notation "Material unrelated to 
Presidential actions deleted." (p. 8) 



- 3 



(1139) 



60. On April 16, 1973 the President met with John Dean from 10:00 to 
10:40 a.m. The following is an index to certain of the subjects discussed 
in the course of that meeting: 



President's request that Dean submit a 
letter of resignation or a request for 
a leave of absence, and discussion of 
other resignations. 

March 21, 1973 conversation among the 
President, Dean and Haldeman, and what 
Dean should say about that conversation. 

Whether the President would waive 
executive privilege. 

How events after the break-in and after 
March 21 would be described. 

What induced Magruder to talk and the 
President's desire to take credit for 
Magruder' s cooperation. 

President's statements to Dean that 
Dean should tell the truth. 

Executive clemency. 

President's statement that Dean was 
still his counsel. 

What should be done about legal 
problems of White House aides. 



TRANSCRIPT PAGE 



1, 8, 11, 12, 
51-53 



17-21; 24-27 
22, 28 
22-28; 42-43 

31-34 

34-35; 44 
35-36; 46-48 

38 

38-42; 45-51 



(1141) 



35-904 O - 74 - pt, 3 — 5 



Page 

60.1 President Nixon daily diary, April 16, 1973, 

Exhibit 21, In re Grand Jury . Misc. A7-73 11A3 

60.2 Drafts of two letters to the President dated 
April 16, 1973, SSC Exhibit No. 34-49, 

3 SSC 1314-15 1146 

60.3 Tape recording of a conversation between the 
President and John Dean, April 16, 1973, 10:00 - 
10:40 a.m., and House Judiciary Committee 

transcript thereof 1148 



(1142) 



60.1 PRESIDENT NIXON DAILY DIABY, APRIL 16, 1973, EXHIBIT 21, 



JN RE GRAND JURY^MISC. 47-73 



rucF.'.ur.wi r.ici: .r.j iii/.o.i's daily diauy 



r,-i \t ] i>*i I'll. AN 

r,iE u-i;rTi; i!i)!.'si: 
i.'.\iiii[N';Tir;, n.c. 



do 



lIMt 
I 



nin-.l 
I' I -I ,.' 




M':<il. 16, 1073 

ilMc DAY 

12:0,^ a.n. MONDAY 



(" 



12:0S 
8:1S 
8:26 

8:27 

8:29 
8:29 

9:24 
9:50 

10:00 
10:50 



11:04 



11:04 



12:23 
8:22 



9:24 

9:59 

10:40 
11:04 



11:11 



The Prosidcac Cnllced with his Assistant, 11. R. lialdtjnan. 

TIiG President talked v.'ith his Assistant, John D. Ehrlichnan. 

The President talked with his Special Assistant, Stephen B. 
Bull. 

The President telephoned Staff Assistant Thomas Hart. The 
call was not completed. 

The President went to the first floor private dining room. 

The President held a breakfast meeting with Speaker of the 
House Carl B. Albert (D-Oklahoma) . 

Tae President went to the Oval Office. 

Hie President met with: ' . 
Mr. Ehrlichman 
Mr. Haldeman 

The President met with his Counsel, John W. Dean III. 

Che President met with: 
Mr . Haldeman 
Mr. Ehrlichman 

The President, accompanied by Secretary of Labor Peter J. 
Brennan, went to the South Grounds of the IVhite House. 

The President and Secretary Brennan motored from the South 
Grounds of the Ifnite House to the Washington Hilton Hotel. 

The President was greeted by Robert A. Georgine, Secretary- 
Treasurer of the Building and Construction Trades Department 
of the AFL-CIO. 

The President went to the Cabinet Room in the Washington 
Hilton. He was accompanied by: 
Secretarv Brennan 
Mr. Georgine 

The President stooc^d general presidents of union affiliates 
comnrisin;; t'.io :'.u: 1 J ir.:; ;!nj C.-instrnct ior. Trades P^.'-.'-artnent 
of tlio API. -CtO. For a list oi" attonceos, soe A'r:''.r>IX "A. 



(1143) 



60.1 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-72 



,rMT£ MOU'.t 



PHHSIOaNT RIC;i,riD r.'IXOM'S DAILY Ul,'^nY 



(■1 At J 1) \^ 


.■.";*.l!. io , L V7 ; 


TllK '.■.':! CTi: HOUSE iiMC \>\y 


■v.'ASii(:;r 


;T()K, D.C. 11:11 p.r.. .••.'.'•;il^.Y 


11 mi; 


nil iNr 
1' p;...t,i 


A< rivirv 


In 


O-jc 


r.. 


1 1) 












T!io President addressed delegates attending the iVational 










Legislative a.ij Safety Conference of tiie Building and 










Construction Trales Department of the AFL-CIO. For a 










list of head taole guests, sec APPE:;DIX "B." . 










Members of the press, in/out 










Uliite House photographer, in/out 










The President returned to his limousine. He was acconpanied by: 










Secretary Brennan 










Mr. Georgine 










U'"aite House photographer, in/out 


11:48 


11:55 






The President notored from the Washington Hilton Hotel to the 
South Grounds of the V.liite House. 


11:57 








The President returned to the Oval Office. 


12:00 


12:31 






The President met v;ith Mr. Haldeman. 


12:31 


12:39 






The President met with: 

Dr. John Xorris, retired Associate Medical Director of 
Eastman-Kodak, and Chairman of the Board of Trustees 
of Alcoholics Anonymous (AA) 
Robert Hitchins, General Manager of AA General Service 

Office 
Tom Pike, member of the National Adviscry Council on 

Alcoholism 
Caspar U'. Weinberger, Secretary of HEW 
James H. Cavanaugh , Staff Assistant 
Ivhite House photographer, in/out 
The President received the one millionth copy of the 
"Alcoholics Anonymous" book. 


12:40 


12:57 






The President met with: 

Roy D. Hickman, President of Rotary International 

W. Richard Howard, Special Assistant 

UTiite House :5hotographcr , in/out 
Mr. Hickman ?rese;'.ted the President with the Paul Harris 
Fellow Award in recognition of the President's efforts to 
promote world understanding. 


12:5S 


1:37 






The President not with his Press Secretary, Ronald L. Ziegler. 


1 :38 








Hie President went to liis office in the EOB . 
I'll' President net with: 


1: n 


3: -3 


i 


Henry V.. 'eLer>. on, Assi:.tant Attorney General 


1:.'.\> 


2:5.! 






Mr. :'.ie:.',l..T 



(1144) 



60. 1 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 

IN RE GRAND JURY, MISC. 47-73 

,.. " I ' p. . ,.., ,1, r... : . , .) ;;;.:iji'!',i dajly oI. fiv 



r''"^' 


l-l l.A.S 








i. ... : ;■. ^ 


i!. iii)i;:;i; :!-il i-w 


■..".■-.::. • ■.■ 


^nV. , U .C. >,:■ J :,.;:.. ;: ::i3.\V 


11 Ml 


1, »<.,.■...( 


.At IIVITV 


in 1 


Our 


,„ 


1 :^ 




2:19 




P 




The President rc'|ucated that Mr. Ziegler join him. 


3:25 


3:26 


P 




The President talked v;ith ;!r. Ziegler. 
r.ie President met with: 


3:27 


4:02 






Mr. thrlichman 


3:35 


4:04 






Mr. Ziegler 


4:04 


4:05 


P 




The President talked with his Counsel, John W. Dean III. 


4:05 


4:06 






The President net with Mr. Bull. 


4:07 


4:35 






The President met with Mr. Dean. 


4:42 


4:43 


P 




The Preside-t talked v/ith his daughter, Julie. 
The President met with: 


4:55 


6:01 






Hilliain P. Rogers, Secretary of State 


5:45 


6:01 






Mr. Ziegler 


6:01 








The President and Secretary Rogers went to West Executive 
Avenue . 


6:01 


6:10 






The President and Secretary Rogers motored fron West Execuci 
Avenue to Pier One of the Washington Nav>' Yard. 


6:15 


8:28 






The President went boating on the Sequoia with Secretary 
Rogers. 


7:20 








The President and Secretary Rogers had dinner on board. 


8:28 








The Sequoia docked at Pier One of the Washington Xavy Yard. 


8:32 


8:41 






The President motored from the Washington Nav>- Yard to the 
South Grounds of the I'Jhite House. 


8:42 








The President returned to his office in the EOB . 


8:45 




P 




The President telephoned Mr. Ehrlichnan. The call was not 
completed. 


8:58 


9:14 


P 




The President talked with Mr. Petersen. 


9:24 








Ihe ProsiilenC rorurncJ to the second floor Residence. 


0:27 


9:49 






I'lo I'rosident t.'.lli^-i vith Mr. Kl-, r L ichin.m . 










i,'o/S.'!/'.il) 



(1145) 



60.2 DRAFTS OF LETTERS TO THE PRESIDENT, APRIL 16, 197 Z, SSC EXHIBIT 
NO. 34-49, 3 SSC 1314-15 

1314 



Exhibit No. 34-49 
THE WHITE HOUSE 

WASH I NGTO N 

April 16, 1973 



Dear Mr. President; 

As a result of my involvement in the Watergate 
matter, which we discussed last night and today, 
I tender to you my resignation effective at once. 

Sincerely, 



The President 
The White House 
Washington, D. C. 



(1146) 



60.2 DRAFTS OF LETTERS TO THE PRESIDENT, APRIL 16, 1973, SSC EXHIBIT 
NO. 34-49, 3 SSC 1314-15 

1315 
THE WHITE HOUSE 

WAS H I N GTO N 

April 16, 1973 



Dear Mr. President: 

In view of my increasing involvenrient in the Watergate 
matter, my impending appearance before the grand " 
jury and the probability of its action, I request an 
immediate and indefinite leave of absence from my 
position on your staff. 

Sincerely, 



The President 
The White House 
Washington, D. C. 



(1147) 



60.3 TRANSCRIPT OF APRIL 16^ 197 Z MEETING 



TRANSCRIPT PREPARED BY THE IMPEACHMENT INQUIRY 
STAFF FOR THE HOUSE JUDICIARY COMMITTEE OF A 
RECORDING OF A MEETING BETWEEN THE PRESIDENT 
AND JOHN DEAN ON APRIL 16, 1973, FROM 10:00 TO 
10:40 A.M. 



PRESIDENT: 



Hi John, how are you? 



DEAN: 



Good morning. Good morning. 



PRESIDENT: Sit down. Sit down. Trying to get my remarks ready 
to [unintelligible] the building trades. 



DEAN: 



So I understand. 



PRESIDENT: Yes, indeed, yeah. You know, I was thinking we ought 

to get the odds and ends, uh [unintelligible] we talked, 
and, uh, it was confirmed that — you remember we talked 
about resignations and so forth and so on — that I 
should have in hand, not to be released. 



DEAN: 



Uh huh. 



PRESIDENT: but I should have in hand something, or otherwise they'll 
say, "What the hell did you — after Mr. Dean told you 
all of this, what did you do?" You see what I mean? 



DEAN: 



Uh huh. 



PRESIDENT : 



Now I talked to Petersen, uh, about, uh, about the thing. 



(1148) 



DEAN: 



60. Z TRANSCRIPT OF APRIL 16. 1973 MEETING 

and I said, "Now, uh, what do you want to do about, uh, about 
this situation on Dean, and so forth?" And he said, "Well," 

he said, "I," he said, "I would do n-- I, I don't want to 

announce anything now." You know what I mean? 

Uh huh. 



PRESIDENT: 



But what is your feeling on that? 



DEAN: 



[Clears throat] 



PRESIDENT: 



See what I mean? 



DEAN: 



Are we talking Dean, or are we talking Dean, Ehrlichman 
and Haldeman? 



PRESIDENT: 



Well, I'm talking Dean 



DEAN: 



Dean. 



PRESIDENT: 



at this moment. 



DEAN: 



All right. 



PRESIDENT: Dean at this moment; because you're going to be, uh, you, you're 
going to be doing it. I'll have to handle them, also. But, 
the point is, what's your advice that we — You see, the point 
is, we, we don't have — I just, I just got it, I just typed 
up a couple, just to have here which I'd be willing to put 
out. You know. 



(1149) 



60.3 TRANSCRIPT OF APRIL 16, 1972 MEETING 



DEAN: 



im_ huk. 



PRESIDENT: in 



the event that, uh, certain things occurred. 



DEAN: 



PRESIDENT ; 



I understand. 

But you see, put the, uh, the, put, just putting 
the — you don't want to put any lies into it. Uh 
[unintelligible]. T^^hat's your advice? 



DEAN: 



I think, I think it'd be the ~ good to have it on 
hand. 



PRESIDENT: Yeah. 



DEAN: 



I would think, to be very honest with you 



PRESIDENT: Have those others, too? 



DEAN: 



DEAN: 



Have those others, also. 



PRESIDENT: Yeah, yeah. I will. Well as a matter of fact, 
they both su~, suggested it for themselves. 



Uh huh. 



PRESIDENT: So I got that, uh ~ I am sorry, Steve, I hit 
the wrong bell. 



-3- 



(1150) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



DEAN: 



iLaughs] 



PRESIDENT: 



So I've already done that with, them. 



DEAN: 



All right. 



PRESIDENT: So, they said, "Look, uh, they're ready any time you want 
them." I've got that. Now I want tp get your advice on 
that, too. So what I would, now what I would think we 
want to do, we should have it in two different forms, here. 
We should have it — and I, would like to discuss with you 
the forms. It seems to me that your, the form should be, 
uh, uh, request an immediate indefinite leave of absence. 
That'd be one thing. And the other, of course, would be, 
uh, just a straight resignaticn. 



DEAN: 



Uh huh. 



PRESIDENT: Uh, f irst, uh, what I would suggest is that you sign both. 

That's what I had in mind. And then we'll talk about after, 
uh, because you don't know yet what you're going — For ex- 
ample, you could go in and plead guilty. You'd have to resign. 



DEAN: 



That's right. 



PRESIDENT: If, on the other hand, you're going in, uh, on a, some other 
basis, then I think a leave of absence is then 



-4- 



(1151) 



60.3 TRANSCRIPT OF APRIL 16, 197 Z MEETING 



DEM: 



PRESIDENT: 



DEAN; 



PRESIDENT : 



DEAN: 



Uh huh. 

the proper thing to do. 

I would think so. 

And, uh, that's the way I would discuss it with, uh, 
with others, too. But if you have any other thoughts, 
let me know. I'm not trying to press you on a thing. 
Just, I just want to be sure, John, you've got the record, 
that you're, you're, uh, so that I've done everything that 
I Iclears throat] lunintelligible] . Do you agree? 

Uh, I, I think it's a good idea. I frankly do. 



PRESIDENT : 



DEAN: 



PRESIDENT : 



DEAN: 



PRESIDENT: 



Yeah. 

But, uh, I think if you do it for, for one ~ I think 
you have problems with others too, Mr. President. 

I already have done that with others. 

Yeah. All right. That's what I've been trying to advise 
you that, you know — 

But on theirs, on theirs, on theirs, both the, uh, uh, 
pending the, uh ~ It, it is all pending their appear- 
ance, and so forth. Just as it is in yours. Nothing's 
going to be said. 



-5- 



(1152) 



DEAN: 



60.3 TEANSCRIPT OF APRIL 16. 2973 MEETING 



Uh huh. 



PRESIDENT: But I've got to have it in hand. You see what I mean? 
I mean, my, my reason, as I told them — As a matter 
of fact, after our talk last night, I told them, I said, 
"We, I've got to have it in hand so that I can move on 
this, if, uh, as Petersen is going to report to me 
every day." You see? 



DEAN: 



Uh huh. 



PRESIDENT: 



I said, "Now, Petersen," I said, "if you get this stuff 
confirmed," I said, "I need to know." And he said, "Well, 
I, uh — " 'cause I asked him, I asked him specifically, 
I said, "What, what are you, uh, what, uh, what are 
you going to do?" He says, "Well, LaRue is going to be 
today." And, I don't know who else. Strachan's going 
to be today. There are three today I think. I don't 
know. Who's the third one? 



DEAN: 



I don ' t know . 



PRESIDENT: 



That's right. You're not supposed to. 



PRESIDENT: 
DEAN: 



[Laughter] 

Uh, then, okay. 

What I would like to do is, is to draft up for you an 

alternative letter. Put it in both options and you can 

just put them in the file. 

-6- 



(1153) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 
PRESIDENT: Uh. hiilu 



DEAN: 



PRESIDENT; 



DEAN: 



Uh, just short and, and sweet. 

Uh huh. All right. Fine. I had, I had dictated some- 
thing myself, on my own, which I just, which is, which 
is, uh [unintelligible] how this — But you don't have 
to. If you can give me a better form, fine. I want 
you to do it either way. Do you, uh, or do you want to 
just prepare something? 

I'd like to prepare something. 



PRESIDENT: Good. All right. Fine. Why don't you take this? And, 
uh, take those, just as an 

DEAN: Sure. 

PRESIDENT: idea, and have something that, uk — I've got to see 
Petersen at 1:30. 

DEAN: All right. 

PRESIDENT: Understand, I don't want it s — put anything out, because 
I don't want to jeopardize your position at, at all. 
You've got a right to, just as everybody else has, to, to — 
let's say you've been — you've carried a hell of a load 
here and I — But I just feel that since what you said 
last night that we've got to do on this and with, uh, 
Haldeman and Ehrlichman — I have, I have leave of 
absences from them. Which, however, I will not use 
until I get the word from Petersen on corroboration, 

-7- 



(1154) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



DEAN: 



All rlghJ:, 



PRESIDENT: rfhlch he, which he advised himself. I talked to him 
after I talked to you. Left about 11:45. I told 
the son-of-a-bitch, he doesn't know how hard we work 
around here. 



DEAN: 



And you will have something, uh, uh, within a couple of 
hours . 



PRESIDENT: Well, I , 



DEAN: 



You think just put it in the file? 



PRESIDENT: I won't be back, I won't be back, uh. Yeah. You, you 

can, uh, you draft what you want me to — in other words 



DEAN: 



And if you don't like what I draft, tell me and I will 
change it in any way 



PRESIDENT: Oh, sure, sure. 



DEAN: 



that you want . 



PRESIDENT: But I can't make a decision 



DEAN: 



Yes sir. 



PRESIDENT: of course you see — And, and also, it may, it may depend 
— Well, put it this way, put it this way, you draft what 



-8- 



(1155) 



DEAN: 
PRESIDENT: 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 
you, what you want. And we can, uh, if I have any con- 
cerns about it, I'll give you a ring. You can, uh, be 
around, and so forth. 

Uh huh. 

And, uh, but, but, you would agree you should — but 
nothing should be put out now. Right? 



DEAN: 
PRESIDENT: 



I would agree. I was, I was thinking about that. 

You see, we've got the problem — today the thing may ^^ 
break. You know, with Magruder, uh, and so forth. And, uh, 
I'm, uh, I — You know what I mean. That's what I wanted 
to run over with you, briefly, as to, you know, to get 
your feeling again as to how we handle it, how we — Yoti 
know, you, you were saying the President should stay ahe — 
one step ahead of this thing. Well, we've got, uh — The 
point is, the only problem is what the hell can I say 
publicly? Now, here's what we've done. 



DEAN: Well, you see — 

PRESIDENT: I called in — I got in Kleindienst. Uh, we've 
I've been working on it all week. 



DEAN: 



Right, 



PRESIDENT: Actually, I mean I got, as soon as I got the Magruder 

thing, then I, I got in Kleindienst, and, uh, then at 

four o'clock we got in, uh, sold uh, Petersen. 

-9- 



(1156) 



DEAN: 



60. Z TRANSCRIPT OF APRIL 16^ 1973 MEETING 

Kleindienst withdrew, uh, and, uh, uh, assigned 
Petersen. I said, "All right, Henry, I don't want 
to talk to Kleindienst anymore about this case. I'm 
just going to talk to you." 

Uh huh. 



PRESIDENT: "You're in charge. You follow through and you're 

going through to get to the bottom of this thing and I am 
going to let the chips fall where they may." And we covered 
that all the way down the line. Now, I have to follow 
him to a certain extent on the prosecution side. On the 
other hand, on the PR side, I sure as hell am not going 
to let the Justice Department step out there 

DEAN : Right. 

PRESIDENT: and say, "Look, we dragged the White House in here." I've 
got to step out and do it, John. 



DEAN: 



That's right. 



PRESIDENT: 



Don't you agree? 



DEAN: That's right. Uh — 

PRESIDENT: But yet, I don't want to walk out and say, "I — Look, 

John Dean's resignation has been accepted." Jesus Christ, 
that isn't fair. 



-10- 



35-904 O - 74 - pt. 3 ■ 



(1157) 



DEAN: 

PRESIDENT: 

DEAN: 

PRESIDENT: 



DEAN: 

PRESIDENT: 
DEAN: 
PRESIDENT : 



60. Z TRANSCRIPT OF APRIL 26, 197 S MEETING 
Nor would it be fair to say Ehr — , Ehrlichman and 
Haldeman's have. 
Yeah. What — 
You know, I, I've already examined — 

[Unintelligible] because you see they haven't been charged 
yet. As soon as they're charged [unintelligible]. But see 
he's — But in your case, is you haven't been charged with 
anything yet — 

No, I have not. 

That's my problem, see with it — 

Uh ~ 

All I wanted is to have on — The only reason I'm doing 
this is to, uh, because of you, what you said about some, 
what you said about them, and that's why I'm getting it 
from them too. 



DEAN; 



Well, it's a, there's a chance, uh, uh — Well, there's 
a chance that today when LaRue goes down that Haldeman 
and Ehrlichman 's name are going to be right down there 
before the Grand Jury. 



PRESIDENT: Right. Well, the name will be in, but the point is, you 

don't just throw somebody out because of a name lying in court. 



DEAN: 



I, I understand. 



PRESIDENT: You understand. Uh, would you, you could also, if you 

-11- 



(1158) 



60.3 TEANSCRIPT OF APRIL 16, 1973 MEETING 

would, here's, uh, and I would like for you to prepare 
this in a letter that you would have for Ehrlichman and 
Haldeman. Would you do that too? 

DEAN: Yes sir. 

PRESIDENT: And then I'll give them the form and let them work out 
their — something that's appropriate. Would you pre- 
pare that for me, then? 

DEAN: Yes, I will. 

PRESIDENT: But they told me last night, orally, just as you did, 
that, uh — 

DEAN: They stand ready. 

PRESIDENT: Cover the record. They said, "Look, we will leave in 

a minute. We'll leave today. You can do whatever you 
want." And I said, "What the hell, we're going to have 
to wait until we get some evidence." You know what I 
mean? 



DEAN: 



Uh huh. 



PRESIDENT: Which I think you agree with. 



DEAN: 



I — That's what I do, and the question is timing, and, 
uh ~ 



-12- 



(1159) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



PRESIDENT: 



Yeah. 



DEAN: 



PRESIDENT; 



DEAN: 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



Uh ~ 

Now, let's get Dean's advice as to how we handle this 
now, from, uh, now on. What is your, what's your 
advice? 

Well, I would say you should have the letters in hand 
and , then 

Right . 

based on what you learn from Petersen, you can make a 
judgment as to timing. I mean, I think you're still five 
steps ahead of what will ever emerge publicly. I don't 
think they — 

They think in twelve hours it may break, somebody told 
me the news — the Post 's according to Zlegler, has got 
something now on this . Magruder talking around and every- 
thing. I don't know. 

Well, I know, I know what — some of the things Magruder 
said. He said that, uh, that the prosecutors had asked 
him a number of questions about Ehrlichman and Haldeman. 
So there's no, there's no doubt that that's going to 
be out on the, uh. 



-13- 



(1160) 



60.3 TRANSCRIPT OF APRIL 16, 19? Z MEETING 



PRESIDENT : 



Yeah. 



DEAN: the street fast also. 



PRESIDENT: Well, then we ought to move on that too. 



DEAN: 



Uh huh. 



PRESIDENT: That's my point. You see — 

DEAN: It's unfortunate that I, you know, I'm hoping that 

the ultimate resolution of this thing is that no one 
has any problems. And that's possible. 



PRESIDENT: 



Legally. 



DEAN: legally. 

PRESIDENT: That's right. Which I hope is your case, too. In 
other words, when I say no one, nobody at the White 
House staff — not you, not Colson, not Ehrlichman, 
not Haldeman, because God damn it -- Let me, let me, let 
me summarize this specific point again, because I need 
to, uh, you know, they, we know there was no — on the 
Dean report. Ziegler has always said it was oral. 



DEAN: 



That's right. 



-14- 



(1161) 



60.3 TRANSCRIPT OF APRIL 16, 197Z MEETING 



PRESIDENT: Right. But you remember when you came in, I asked 

you the specific question: "Is anybody on the White 
House Staff involved?" You told me "No." 



DEAN: 



That's right. And I have no knowledge -- 



PRESIDENT: You still believe that? 
DEAN: Yes sir, I do. 

PRESIDENT: Yeah. But you did tell me that in the aftermath there 
were serious problems. 

DEAN: That's right. 

PRESIDENT: Right. And, I said, "Well, let's see wh=it they 
are." Right? 

DEAN: And now you're beginning to see what they are. They're 

potential, technical, obstruction of justice problems. 

PRESIDENT: Sure. But not necessarily. 

DEAN: [Unintelligible] 

PRESIDENT: Well, I talked to Petersen last night and he made 
exactly the same point. He says the obstruction 
was morally wrong. No, not morally. He said, it 
may not have been morally wrong, and it may not 
be legally wrong, but he said from the standpoint 
of the Presidency, you can't have it. That's 

-15- 



(1162) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



what his point was. So he, he seems to think that this, 
uh, that the obstruction of justice thing is a God 
damn hard thing to prove. 



DEAN: 



That's right. 



PRESIDENT: To prove in court, which I, I think should be some 
comfort to you. 



DEAN; 



Well, my lawyer tells me that, you know, "Legally, you're 
in, you're in damn good shape." 



PRESIDENT: Is that right? 



DEAN: 



That's right. 



PRESIDENT: Because, uh, you're not — 



DEAN: 



That's right. It's, it's a 



PRESIDENT: You were simply helping the defendants get their fees 
and their — 



DEAN: 



Well — 



PRESIDENT: Huh? What does he say? 



DEAN: 



In that, in that position, I'm merely a conduit. Uh, it's 



-16- 



(1163) 



60.2 TRANSCRIPT OF APRIL 26, 2973 FETING 

very technical, very technical. I am a conduit to other 
people. That is the problem. 

PRESIDENT: Uh huh. What was the situation, John? This — The 

only time I ever heard any discussion of, uh, this sup- 
porting of the defendants — and I must say I, I guess 
I should have assumed somebody was helping them, I must 
have assiamed it, but, uh, and, and I must say people 
were good in a way, I, I was busy — was when you men- 
tioned to me some, something, about the, I mean, I think, 
the last time we talked about Hal, uh. Hunt having 
a problem. 



DEAN: 



Well 



PRESIDENT: But that, and that was, then we, but that was handled at, 
by Mitchell. Was that true or what the hell happened? 



DEAN: 



That's, that's — The last time we had a request was 
the , was 



PRESIDENT: 



How did it work out? Did you — ? 



DEAN: 



the Monday before sentencing. 



PRESIDENT: 



He hit you with a, uh, uh , 



DEAN: 



No. 



PRESIDENT: 



at a dinner or something? 



-17- 



(1164) 



DEAN: 



eO.Z TRA NSCRIPT OF APRIL 16. 197 S MEETING 

No, no. O'Brien, who was one of the lawyers who was 
representing the Re-election Committee, was asked by 
Hunt to meet with him. He came to me after the meeting 
and said that, "Hunt asked the following message be 
passed to you." And I said, "Why me?" He said, "I asked 
Hunt the same question." 



PRESIDENT: 



To you, Dean, or to me, the President? 



DEAN: 



Asked of me. 



PRESIDENT: 



Oh. 



DEAN: 



Dean. 



PRESIDENT: 



Oh yeah.. 



DEAN: 



It's the first time I'd ever heard anything like this. 
And I said, uh — 



PRESIDENT: 



He had never asked 



DEAN: 



No. 



PRESIDENT: 



you before. 



DEAN: 



No. Uh 



PRESIDENT: Let me tell you. What did you report to me on it, though? 
I — It was rather fragmentary, as I recall it. You said. 



-18- 



(1165) 



60.3 TRANSCRIPT OF APRIL 16, 19? Z MEETING 



DEAN: 



Right. 



PRESIDENT: "Hunt had a problem," and, uh — 

DEAN: Very fragmentary. I was, I — 

PRESIDENT: Yeah, but that's not the thing. I, I said, "What, what — 
John, what's it going tc cost to do this?" Uh, that's 
when I sent you to Camp — and said, "Well, for God's sake, 
let's see where this thing comes out." 



DEAN: 



That's right. 



PRESIDENT: And you said it'd cost a million dollars. 

DEAN: I said, "It," you know, "it conceivably could, and the way 
this," I said, "If we don't cut this thing --" 



PRESIDENT ; 



Exactly. 



DEAN: 



PRESIDENT ; 



DEAN: 



Uh, anyway — 

But that's the only conversation we had. X^n^ere — How was that 
handled? Who the hell handled that, that money? 

Uh, well, let me tell you the rest — what, what Hunt said. 
He said, "You tell Dean that I need seventy-two thousand 
dollars for my personal expenses , fifty thousand dollars 
for my legal fees." 



PRESIDENT : 



Uh huh. 



-19- 



(1166) 



DEAN: 



60. Z TRANSCRIPT OF APRIL 16, 1973 MEETING 

"If I don't get it, I'm going to have some things to say 
about the seamy things I did at the White House for John 
Ehrlichman." 



PRESIDENT: 



Uh huh. 



DEAN: 



All right. I took that to Ehrlichman. Ehrlichman said, 
uh, "Have you talked to Mitchell about it?" I said, "No, 
I have not." Uh, he said, "Well, will you talk to 
Mitchell?" I said, "Yes, I will." I talked to Mitchell. 
I just passed it along to him. And then there was a 
meeting down here a few days later in, in Bob's office 
with Bob and Ehrlichman and Mitchell and myself. And, 
uh, Ehrlichman said at that time, he said, "Well is that 
problem with Hunt straightened out?" He said it to me 
and I said, "Well, ask the man who may know: Mitchell." 
And Mitchell said, "I think that problem is solved." 



PRESIDENT: 



That's all? 



DEAN: 



That's all he said. 



PRESIDENT: Right. That's good. In other words, that was done at 
the Mitchell level? 

DEAN: That's right. 

PRESIDENT: But, you had knowledge; Haldeman had a lot of knowledge; and 



-20- 



(1167) 



60. Z TRANSCRIPT OF APRIL 16, 197 Z MEETING 



Ehrlichman had knowledge. 



DEAN: 



PRESIDENT: 



DEAN: 



Right. 

And I suppose I did. I mean, I am planning to assxme 
some culpability on that lunintelliglBle] 

I don't think so. 



PRESIDENT : 



Why not? 



DEAN : Uh ~ 

PRESIDENT: I plan to be tough on myself as I am on the other thing, 
though, I, I must say I didn't really give it a 
thought at the time because I didn't know, uh — 



DEAN: 



No one gave it a thought. 



PRESIDENT: 



You did. You did. 



DEAN: No one — 

PRESIDENT: You didn't tell me this about Ehrlichman, for example. 
When you came in on that day 

DEAN: I know. 

PRESIDENT: you simply said, "Hunt needs this money." And you were 
using it as an example of the problems ahead. 



-21- 



(1168) 



DEAN: 



PRESIDENT: 



DEAN: 



60. Z TRANSCRIPT OF APRIL 16. 197 S MEETING 

I, I have tried, uh, all along to make sure that anything 
I passed to you myself didn't cause you any personal 
problems. 

John, let me ask you this. Let us suppose if this thing 
breaks and they ask you, John Dean: "Now, John you were 
the President's Counsel. Did you report things to the 
President? What did you report to the President?" 

I, I would, I would refuse to answer any questions as to 
anything — 



PRESIDENT: No, no, no, no, uh, no — I think you should — Let me 
ask you this. 



DEAN: 



Unless you waive — 



PRESIDENT: Let me say, on this point, I would, uh, would not waive. 
You could say, "I reported to the President." Uh, that 
"The President called me in." I mean, "The President 
has authorized me to say — He called me in, and, uh, and, 
uh, asked me — " 



DEAN: 



Uh huh. 



PRESIDENT: Uh, make that, that before, that when the event first 
occurred, you conducted an investigation and passed to 



-22- 



(1169) 



eO.Z TRANSCRIPT OF APRIL 16, 1973 MEETING 

the President the message: "No White House personnel, 
according to your investigation, was involved." You 
did do that, didn't you? 



DEAN: 



I did that through Ehrlichman and Haldeman. 



PRESIDENT: 



That's it. You did do that. 



DEAN: 



PRESIDENT: 



If I'm under oath, now, I'm, I'm going to have to say I 
did that through Ehrlichman and Haldeman. 

No. But I know you did that. I didn't see you. 



DEAN: 



That's right. 



PRESIDENT: 



Renenber I didn't see you until after the election. 



DEAN: 



PRESIDENT: 



That's right. 

But you see — all right. Now, but then you say, "And 
then, after the election, the President, when the McCord 
thing broke, called you in." I think that's when it was, 
wasn't it? 



DEAN: 



No, uh — 



PRESIDENT: 



After the McCord thins . 



DEAN: 



No. It was before the McCord thing because you remember 
you told me after the Friday morning that McCord 's letter 



PRESIDENT: 



Uh huh. 



-23- 



(1170) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



DEAN: 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



He said, "He predicted this. This was going to happen." 
Because I had, oh, in, in about the week, uh, or two weeks 

How did it — Why did I get you in there? What, what 
triggered me getting you in? 

Well, we just started, we just started talking about this 
thing, and — 

But I called you in, you and Moore together, didn't I? 

Well — 



PRESIDENT: For a Dean Report. 

DEAN: On, uh, on, uh, Wednesday morning — 

PRESIDENT: Because, what was — well, I know what was involved. What 

was involved was the damned executive privilege and all that 
crap. 

DEAN: That's right. It was — The Gray things were popping, but 

on the , 

PRESIDENT: Yeah. 



DEAN: the Wednesday morning before I asked — 

PRESIDENT: We had three conversations to my recollection. 

DEAN: Oh, sir, I think we had more than that, but, of course, 

we'd have, uh, we'd have a record of that through 

-24- . . 

(1171) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



PRESIDENT : 



DEAN: 



Yeah. 

those people. I think we had more than that. But the, 
the one report where I finally — I called Bob — 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



[Unintelligible] this office. Good. 

Yeah. I called Bob and I said, I said, "Bob", I said, 
"I don't think the President has all the facts." 

That's right. And then you came and sat in this chair and 
that's the first time that I realized the thing. 

That's right. 

And what ~ And now the question is: "Well, Mr. Dean, 
why didn't you tell the President before?" And your 
answer there is — 

I didn't know. That is absolutely correct. 

That's what you told me last time. You see, I don't want 
you, John, to be in a position, and frankly I don't 
want the President to be in a position where one of his 
trusted people had information that he did keep, kept 
from him. So I just want — 

I did not know. 



-25- 



(1172) 



60.3 TRANSCRIPT nP A pril 16. 197^ MF.RTmr. 

PRESIDENT: Fine. You did not know. "How did you find out then?" 
they'll ask. Okay. But you — that's your — but you 
can handle that . 



DEAN: 



That's right. 



PRESIDENT: But I, but, but I did ask you and I think, I think 

you should say the President has authorized you to say 
this: "I won't reveal the conversation with the President, 
but he's — and, uh, he asked me this question. I told 
him this, and he, uh, uh, that nobody in the White House 
was involved. And then, in addition to that, that I, I, uh, 
to the best of my ability kept, uh — " I guess — or what 
do you think you ought to handle with the Presidential 
things? 



DEAN: 



Well, 



PRESIDENT: 



Maybe you better — 



DEAN: 



I, I, I think, the less said about 



PRESIDENT: All right. Fine. 



DEAN: I think that's privileged, and I think [unintelligible], 



PRESIDENT ; 



Except, except that if you do this — 



DEAN: 



I think you say anything you want to say about it , 



PRESIDENT: 



Right. But I have to say it. Well, let me tell you, I 
am going to handle that properly and I just want to be sure 

-26- ... 

(1173) 



35-904 O - 74 - pt. 3 -- 7 



60.Z TRANSCPTPT nv ...rr ,, ,.„, ^,^_^_^ 

that it, that it, it jibes with the facts. I can say that 
you did tell me that nobody in the White House was in- 
volved and I can say that you then came in, at your request, 
and said, "I think the President needs to hear more about 
this case." 



DEAN: 



That's right. 



PRESIDENT: 



And it was that time that I started my investigation. 



DEAN: 



PRESIDENT: 



That's right. 
Correct? 



DEAN: 



That was the Wednesday before they were sentenced. Now, 
I can get that date, I don't have it off the top — 



PRESIDENT: Would you do me this? Get your chronology of that 

Wednesday you came in and told me. That would be helpful 
for me to have. 



DEAN: 



That's what I had in mind — 



PRESIDENT: 



You see, I want to 



DEAN: 



[Unintelligible] 



PRESIDENT: You see, I — That's when I became interested. I was — 
I became frankly interested in the case and I said, "Now 



-27- 



(1174) 



60. Z TRANSCRIPT OF APRIL 16, 1973 MEETING 

God damn it, I want to find out the score." And I 
set in motion Ehrlichman, Mitchell and a few of — not 
Mitchell, but others. Okay. 

DEAN: Sure. 

PRESIDENT: One other thing. On the privilege thing, I think, uh — 

Nothing, so that you could be sure, that, you know, nothing 
is privileged that involves wrongdoing 

DEAN: That's correct. 

PRESIDENT: on your part or wrongdoing on the part of anybody else. 
I, I, I'm telling you that now and I want you to s — , 
when you testify, if you do, to say that the President 
has told you that. Would you do that? 

DEAN: Yes, sir. 

PRESIDENT: Would you agree with that? 



DEAN: 



PRESIDENT: 



DEAN: 



I do. 

Fine. However, let me say that, uh, with regard to, 
with regard to what we call the electronic, uh, stuff 
they heard in what I have now have found is in the leak 
area, national security area, uh, that I consider privileged. 

I do too. 



-28- 



(1175) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 
PRESIDENT: And I think you should say, for example, on that — But 
what I meant is, uh, uh . i would, uh. I think in, 
in the case of the, of the Kraft stuff, what the FBI did, 
they were both, I find — I've checked it back — there were 
some done, some done through, uh, private sources. Most 
of it was done through the Bureau after we got going. 



DEAN: 



That's right. 



PRESIDENT: Hoover didn't want to do, uh, to do Kraft. But what it 

involved, John, apparently was this: there were leaks in 
the NSC. They were in Kraft and other columns. We were 
trying to plug the leaks. 

DEAN : Right . 

PRESIDENT: And we had that, so we checked it out. Finally, we turned 
it over to Hoover. Then when the hullabaloo developed we 
didn't, we just stopped it altogether. 



DEAN: 



I understand. 



PRESIDENT: And that includes [unintelligible]. But in my, uh, view 
I consider that privileged. 



DEAN: 



I have no intention of raising that in any — 



PRESIDENT: Have you informed your lawyers about that? 



DEAN: No. 

PRESIDENT: I think you should not. Understand, not because of cutting 
anything, except that I do think it's privileged. But it's 

-29- ' 



(1176) 



60.3 TRANSCEIPT OF APRIL 16, 197 Z MEETING 



up to, up to you, I mean, I — 



DEAN: 



No. I think it is privileged, also. 



PRESIDENT: Yeah. It's important to know, and this was necessary to 
use. We had Hoover do a little bit, and in control, as 
Lyndon Johnson [unintelligible] better. Uh, now, your, 
your guess as when — well, I'll ask Petersen today — 
when will you be called? Perhaps Tuesday, Wednesday, or ■ 

DEAN: I would think sometime this week. 

PRESIDENT: You don't think the thing is likely to break today, then, 
huh? 



DEAN: 



No, I don't. 



PRESIDENT: I wonder what Ziegler's got. He must have — He seems, he 
seems to think that something's going to go. He hasn't 
been in to see me. I'll have to get him in later. But, 
uh, well, I'll have him make — I'll ask Petersen. 



DEAN; 



Uh huh. 



PRESIDENT: 



Petersen. But don't you agree with me 



DEAN: 



I don't think — 



PRESIDENT: that the President should make the first announcement and 
not the Justice Department? 



-30- 



(im) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



DEAN: 



Yes, I do. 



PRESIDENT: [Unintelligible] 



DEAN: 



[Unintelligible] on his own staff. 



PRESIDENT: 



Uh? 



DEAN: 



On his own staff. 



PRESIDENT: Oh, hell, I'm going to make the announcement with regard 
to Magruder, too. God damn it, it's our campaign. I'm 
not going to have the Justice Department — 



DEAN: 



Oh, I see what you mean. 



PRESIDENT: 



We triggered this whole thing. You know what I mean? 



DEAN: 



That's right. 



PRESIDENT : 



Don't you agree? 



DEAN: 



Well, if, if, if, if ~ When the — 



PRESIDENT: 



You helped trigger it. 



DEAN: 



When history is written, you'll, and you put the pieces 
back together, you'll see why it happened. It's because 
I triggered it. I, I put everybody's feet to the fire 
because it just had to stop. 



PRESIDENT ; 



That's right. And you put 



DEAN: 



And I still continue to feel that, uh 

-31- 



(1178) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 

PRESIDENT: That's right. You put Magruder's feet to the fire. 

DEAN: Yes, I did. 

PRESIDENT: Where did you see Magruder? Uh — 

DEAN: I didn't. I sent — In fact, I refused to see him. That 

was one of the problems. 

PRESIDENT: Oh. And that's why he ~ 

DEAN: I started, I talked to him. I, I met with him in, in one 
of these outer offices out here at a meeting. 

PRESIDENT: What got Magruder to talk? 



DEAN: 



Uh 



PRESIDENT: 



I would like to take the credit, 



DEAN: Because, because, well, uh, [laughs] he knew that — 

PRESIDENT: I thought — I was hoping that you had seen him, because, 
uh — 

DEAN: There was — Well, he was, he was told, he was told (1) 
that, you know, there was going to be no chance — 

PRESIDENT: You remember, though, when you made the statement about, uh, 
just making a note here about drawing the wagons up 
around the White House. Uh, based uh , basically you thought 
the primary [unintelligible] — this was talking about pre- 

-32- 



(1179) 



60.3 TRANSCRIPT OF APRIL 16, 197 Z MEETING 



DEAN: 



Pre 



PRESIDENT: 



DEAN: 



knowledge — was all in the CoTninittee. Right? 



That's right. Where it is. 



PRESIDENT: That's right. But on Magruder, come again. What's the 
deal, deal there? 



DEAN: 



Uh, the, uh, uh, situation there is that he and Mitchell 
were continuing to talk, continuing to talk about pro- 
ceeding along the same course they'd been proceeding to, 
to lock in their story, but my story did not fit with their 
story. And I just told them I refused to change, to alter 
my testimony, other than, than to repeat it just as I 
knew it. 



PRESIDENT: 



When? 



DEAN: 



This had to do with a number of meetings in the Department 
of Justice. 



PRESIDENT: 



DEAN: 



Incidentally I heard this [unintelligible], but I, I 
remember. You told me this. Everybody tells me that you 
said. Dean said, "I will not go to the — I am not going 
down there and lie," because you said you, your hand will 
shake and your emotion — Remember you told me that? 

Yeah. No way I could. I'm incapable of it. 



-33- 



(1180) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 

PRESIDENT: Fine. Thank God, John. Don't ever do it, John. I 
want you to tell the truth. That's the thing that 
you're going to — I have told everybody around here, 
said, "God damn it, tell the truth." 'Cause all they 
do, John, is compound it. 



DEAN: 



That's right. 



PRESIDENT: That son-of-a-bitch Hiss would be free today if he hadn't 
lied about his espionage. He could have just said he — 
he didn't even have to. He could've just said, "I — 
look, I knew. Chambers. And, yes, as a young man I was 
involved with some Communist activities but I broke it off 
many years ago." And Chambers would have dropped it. 



DEAN: 



Well 



PRESIDENT: But, the son-of-a-bitch lied, and he goes to jail for the 
lie rather than the crime. 



DEAN: 



Uh ~ 



PRESIDENT: 



So believe me, don't ever lie with these bastards. 



DEAN: 



The, the truth always emerges. 



PRESIDENT: 



We know that. 



-34- 



(1181) 



DEAN: 



60.3 TRANSCETPT OF APRIL 16, 1973 MEETING 



It always does. 



PRESIDENT: 



Also, there is a question of right and wrong, too. 



DEAN: 



That's right. 



PRESIDENT: 



What is right and what is wrong. 



DEAN: That's right. 

PRESIDENT: Perhaps there are gray areas, but you're right to, to get 
it out now. 



DEAN: 



Uh — 



PRESIDENT: I'm sure. On Liddy, I wanted to be sure that I, that you 
recall, on our conversation, I, uh — You asked me to do 
something. I've left it with Petersen now. He said he'd 
handle it. Uh, that's the proper place — 

DEAN: That's right. 

PRESIDENT: You see, when Liddy says he can't talk unless he hears 
from higher authority — I am not his higher authority. 



DEAN: 



No. 



PRESIDENT: It's Mitchell. 



DEAN: 



Well, but I think he's looking for the ultimate — 



PRESIDENT: What do you think he's thinking about? 



-35- 



(1182) 



60.3 TRANSCRIPT OF APRIL 16. 1973 MEETING 



DEAN: 



I think he's thinking about the Presir^ent, 



PRESIDENT: Clemency? 

DEAN: He thinks — he has the impression that you and Mitchell 
probably talk on the telephone dally about this. 



PRESIDENT: 



You know we've never talked about It, 



DEAN: 



I understand that. 



PRESIDENT: I have never talked to Mitchell about this. Oh, except 
about when, whether we go, uh, the executive privilege 
thing. 



DEAN: 



PRESIDENT: 



DEAN: 



Right . 

He came in and said, "Everybody should testify in executive 
session." Mitchell said that. Except you. Which I think 
would be — Listen, I think, incidentally, about executive 
privilege — 

I think, I think, Mr. President, the Ervin hearings 



P^ESIDE'IT: 



The later — 



DEAN: 



are going to fizzle. 



PRESIDENT: What? 



DEAN: 



I think when the, when, when Petersen finishes his — 



-36- 



(1183) 



60.3 TRANSCRIPT OF APRIL 16^ 1973 MEETING 

PRESIDENT: You don't think we should hold to executive privilege 
anyway do you, John, now? 

DEAN: To hold on executive privilege? 

PRESIDENT: Yeah. What's your advice on that. What should I do? 

DEAN: I think, I think if you, if, if there are indictments 

down there in that court room, none, none of the indi- 
viduals should go up and testify. I think the Watergate 
is just going to be totally carved out of the Ervin 
hearings. 

PRESIDENT: Yeah. That's the Watergate, right? Then the other stuff 
is not that important, Segretti and all that? 

DEAN: Segretti, yeah. 

PRESIDENT: Urn huh. 

DEAN: That stuff is not that important. They'll probably — They 
can have a lot of fun with it, but it's not very meaningful. 

PRESIDENT: So you think Liddy thought that I was calling Mitchell. 
[Unintelligible]. Good God Almighty. Well, we covered 
that last [unintelligib3.e] 

DEAN: That's right. 

PRESIDENT: You were there. 



-37- 



(1184) 



eO.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



DEAN: 



That's resolved. I think — 



PRESIDENT: Is that enough? 

DEAN: That's right. Petersen will tell you if it doesn't, 
uh ~ 



PRESIDENT: 



You tell me now if it isn't enough. 



DEAN: No, I think it's enough. 

PRESIDENT: I'm going to expect you to — After all, you're still 

the Counsel around here. [Laughter] No, but I'm serious. 
You've got to advise me and that's the same with Haldeman 
and Ehrlichman. As long as you are around here, we've 
got to, we got to have it out. 



DEAN: 



Well ,1,1 want , I want to lay one thing out . 



PRESIDENT: 



Uh huh. 



DEAN: 



I think there is a mythical belief, uh, I've not talked 
to Bob or John about this — that they don't have a 
problem, Mr. President. And I'm, I'm really not sure 
you're convinced they do. But I'm telling you, they do. 



PRESIDENT: 



A problem? 



-38- 



(1185) 



60.3 TRANSCRIPT OF APRIL 26, 1973 MEETING 



DEAN: 



Yeah. 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



There's no question about it. 

No question. 

They are — 

I just wanted — 

Yeah. Petersen made the point. I said, "Tell me what the 
facts are." And he says, "The problem is, the problem here is 
that they're going to get splashed." And, he said, "When 
they get splashed, you've got a problem, Mr. President." 
Now, but then he goes on to say, as far as the legal 
form of it is concerned, and he covers all three of you here, 

Uh huh. 

he said, "It's a very difficult case to prove." Do you 
agree with that? 

That's right. 

You see, that's the point. And I would hope it works. 
I mean I'm speaking now in personal terms. I — 

It's a, it's a technical case and it's a tough case. 



-39- 



(1186) 



60.2 TRANSCRIPT OF APRIL 16, 1973 MEETmn 



PRESIDENT: "It's a tough one to prove." What's he mean by that? 

I ~ 



DEAN: 



Apparently, my, my lawyer said, "Now, I've, I've, I've 
won cases on this, uh, uh, with tougher facts than you've 
got, I'll assure you." 



PRESIDENT: 



Yeah. 



DEAN: It would not, it would not be a — 



PRESIDENT: See, that's their real vulnerability, together. 



DEAN: It would be, uh — 



PRESIDENT: 



DEAN: 



Both Ehrlichman and Haldeman are in on the obstruction. 
And that's the point. 

That's right. I think it'd be a very good idea if they 
had counsel. 



PRESIDENT: I told them, yeah, last night to get lawyers, so I'm one 

step ahead of you there. Now, do you — is there anything 
else you think I should do? You don't think I should — 
Shit, I'm not going to let the Justice Department break 
this case , John . 



DEAN: 



I understand. You've got to break it. You are breaking 
it, in a sense. 



-40- 



(1187) 



PRESIDENT : 



DEAN: 



DEAN: 



DEAN; 



PRESIDENT : 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



Well, God damn it, that's what we've done. 



That's right. 



PRESIDENT: I could have told you to go to Camp David and concoct 
a story, couldn't I? 



That's right 
PRESIDENT: And you've 



•ve never heard that said, have you? 



No, sir. 

In fact, I think I know lunintelligible] . But 

on the other hand, it was your job to tell me, wasn't it^ 



DEAN: 



PRESIDENT : 



Uh huh. 

And you have. Basically what you've done - No, you, 
you've told me the truth, though. You've told me the 
truth. It was your job to work for the White House, the 
President, the White House Staff, and they were not in- 
volved in the pre-thing. But then you thought about the 
post-thing. You thought about it and that's why you 
decided to - You said, "Cut it out." 



-41- 



(1188) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 
DEAN: That's why I think 

PRESIDENT: Right. 

DEAN: the cancer's growing because you 

PRESIDENT: Right. 
DEAN: t-, t-, t- to keep this whole thing in. 

PRESIDENT: Look, one thing I want to be sure is in here, when you 

testify, I don't want you to be in a position, so, and I 
don't want the President to be in a position that his 
counsel did not level with him. See my point? 

DEAN: No, sir, there's no point that I have not leveled with 

you, as you know. 

PRESIDENT: No, what I meant is, when you say, "Well, nov; ^ir. Dean," 
I am speaking now — 

DEAN: They will, they will not ask [unintelligible] 

PRESIDENT: [Unintelligible] Why didn't, why didn't you tell the President? 
Did you know about, this? Why didn't you tell the President?" 

DEAN: That's a PR situation, Mr. President. The U. S. Attorneys 

are not going to ask me question as 

PRESIDENT: I see. 

DEAN: to what I said to the President or what I didn't. 

PRESIDENT: Will, I favor, I frankly think — I would, I would hope 
you could help on the PR there by — 



-42- 



(1189) 



35-904 O - 74 - pt. 3 — 8 



60. Z TRANSCRIPT OF APRIL 16, 1973 MEETING 



DEAN: 



Be expectiag to Kelp on it 



PRESIDENT: I would like for you to say, and you're free to talk 
about it. You're to say, "I, I told the President 
about this. I told the President first there was no in- 
volvement in the White House. Afterwards, I told the 
President that, uh, that I — And the President said, 'Look, 
I want to get to the bottom of this thing, period.'" See 
what I'm driving at — not just the White House. You con- 
tinued your investigation, and so forth. The President 
went ahead, investigated in his own way, which I have done. 



DEAN: 



Uh huh. 



PRESIDENT: 



Believe me. I put a little pressure on 



DEAN: 



Uh huh. 



PRESIDENT: Magruder and a few of these clowns. And, uh, "As a result 
of the President's action, this thing has been broken." 



DEAN: 



That's right. 



PRESIDENT: Because also I put pressure on the Justice Department. I 
told Kleindienst, "God damn it, that — " 



DEAN: 



No, I think, I think you're in front right now and I, and, 
uh, you can rest assured everything I do will, will keep 



-43- 



(1190) 



60.3 TRANSCRIPT OF APRIL 16, 197 Z MEETING 

you as far as — 

PRESIDENT: No, I don't want that, understand? When I say, "Don't 
lie," don't lie about me either. 

DEAN: No, I won't sir. You're — I, I'm not going — 

PRESIDENT: 'Cause I, I, I think I've done the right thing. But I 

want, I want you to do it. I want you to do, if, if you 
feel I've done the right thing, I want, I think the country 
is entitled to know it. Because we're talking about the 
Presidency here. 

DEAN: This thing has changed so dramatically, the whole situation, 

since I gave you the picture — 

PRESIDENT: Since you sat in that chair. 

DEAN: In that chair over there, and gave you what I thought 

were the circumstances, the potential problems, and the 
like, you have done nothing but try to get to the bottom 
of this, this thing, and , 

PRESIDENT: I think so. 

DEAN : and, uh , uh — 

PRESIDENT: Well, I said, "Write a report." But my purpose was to 

write a report, as I said, I want the Segretti matter, uh. 



-A4- 



(1191) 



60. Z TRANSCRIPT OF APRIL 26, 197 S MEETING 

put the Segretti stuff in, put everything else in. 
Whether the White House — what was the White House involve- 
ment? You know. What do you say? How about one last 
thing: Colson. Uh, you don't think that they're going 
to get him into this, huh? 



DEAN: 



I think, I think he has some technical problems — post — 
also. I don't know if he has any, if, uh — to the best 
of my knowledge, he has no, had, had no advance knowledge 
of the thing . 



PRESIDENT: Right. I suppose the key there is Hunt, you know, the — 
He was so close to Hunt. I just want to know about it 
just for ray own benefit. I , as I told you last night, I, 
I don ' t want , I don ' t want 



DEAN: 



Chuck has , 



PRESIDENT : 



to be in a position 



DEAN: 



Chuck has. 



PRESIDENT: 



"What about Chuck Colson?" I want — 



DEAN: Chuck has sworn up and down to me 



PRESIDENT: I'm going to say you, John Dean, was Colson involved? 



-45- 



(1192) 



60.3 TRANSCRIPT OF APRIL 16, 197S MEETING 



DEAN: 



I have no information that he was at all. 



PRESIDENT: 



Post? 



DEAN: 



Technical problems. 



PRESIDENT: Those two things you mentioned last night. 



DEAN: 



That and, uh, let's face it, there's other technical 
problems, but, you know — 



PRESIDENT: 



Hm. Yeah. 



DEAN: It's, uh, it's, uh, all the obstruction is technical stuff 
that mounts up. 

PRESIDENT: Yeah. Well, you take, for example, the clemency stuff. That's 
solely Mitchell, apparently, and Colson's talk with, uh, 
Bittman where he says, "I'll do everything I can because as 
a, as a friend — " 



DEAN: 



No, that was with Ehrlichman. 



PRESIDENT: 



Huh? 



DEAN: 



That was Ehrlichman. 



PRESIDENT: Ehrlichman with who? 



DEAN: 



Ehrlichman and Colson and I sat up there, and Colson 
presented his story to Ehrlichman 



-46- 



(1193) 



60.2 TRANSCRIPT OF APRIL 16, 1973 MEETING 



PRESIDENT: 



I know. 



DEAN; 



regarding it and, and then John gave Chuck very clear 
instructions on going back and telling him that it, 
you know, "Give him the inference he's got clemency but 
don't give him any commitment." 



PRESIDENT: 



No commitment? 



DEAN: 



Right , 



PRESIDENT: Now that's all right. But first, if an individual, if 
it's no commitment — I've got a right to sit here — 
Take a fellow like Hunt or, uh, or, or a Cuban whose wife 
is sick and something — that's what clemency's about. 

DEAN: That's right. 

PRESIDENT: Correct? 

DEAN: That's right. 

PRESIDENT: But, uh, but John specifically said, "No commitment," 
did he? He ~ 

DEAN : Yeah . 

PRESIDENT: No commitment. Then, then Colson then went on to, 
apparently — 



DEAN: 



I don't know how Colson delivered it, uh j 



-47- 



(1194) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



PRESIDENT: Apparently to Blttman 



DEAN: 



for 



PRESIDENT: 



Bittman. Is that your understanding? 



DEAN: 



Yes, but I don't know what his, you know, specific 



PRESIDENT: Where did this business of the Christmas thing get 
out, John? What the hell was that? 



DEAN: 



Well, that's, a, that's a — 



PRESIDENT: That must have been Mitchell, huh? 



DEAN: 



No, that was Chuck, again. I think that, uh 



PRESIDENT: 



That they all, that they'd all be out by Christmas? 



DEAN: 



No, I think he said something to the effect that 
Christmas is the time that clemency generally occurs. 



PRESIDENT: Oh, yeah. 



DEAN: 



Uh — 



PRESIDENT: Well, that doesn't — I, I, I don't think that is going 
to hurt him. 



DEAN: 



No. 



PRESIDENT: Do you? 



-48- 



(1195) 



60.2 TRANSCRIPT OF APRIL 16, 1973 MEETING 



DEAN: 



No. 



PRESIDENT: "Clemency," he says — One [unintelligible] he's 

a friend of Hunt's. I'm just trying to put the best 
face on it. If it's the wrong — if it is — I've 
got to know. 



DEAN: 



Well, one, one of the things I think you have to be 
very careful, and this is why Petersen will be very good, 
is, if you take a set of facts and let the prosecutors 
who have no — they'll be making, making no PR judgments. 



PRESIDENT: 



Yeah. 



DEAN: 



But they'll give you the raw facts as they relate to the 
law, uh, and it's later you've got to decide, you know, 
what public face will be put on it. In other words, 
they'll — If their — 



PRESIDENT: 



Oh, I understand. 



DEAN: 



It's going to come out in court, you know 



PRESIDENT: You can help on that, John. 
DEAN: Yes sir. 

PRESIDENT: You know that — 

DEAN: Uh, wherever I may be, I'll be available to help on that. 

PRESIDENT: Well, I hope you're right. You think you testify when? 
Well, Petersen will decide that, I guess. 

-49- 



(1196) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



DEAN: 



Yeah. 



PRESIDENT ; 



Do you want me to say anything to him about it? 



DEAN: 



No. 



PRESIDENT: 



[Unintelligible] that [unintelligible] lawyers. 



DEAN: 



PRESIDENT: 



Well, I think my lawyers and, and the U. S. Attorney's 
Office ought to continue to work in — 

Yeah, I'm having him report to me daily now, 



DEAN: 



Right . 



PRESIDENT: which I judge that I should do. And, uh, so all that I'll 
say is, I'm going to tell him that we had a talk today 
and I went over again the various materials. 



DEAN: 



What would be the best thing in the world is if they 
decide that they've got nothing but technical cases 
against people at the White House and they chuck them 
all out. That's, uh, not impossible. 



PRESIDENT: 



Should I, should I help? 



DEAN: 



No sir. 



PRESIDENT : 



Hah, hah. That's what they ought to hear. 



-50- 



(1197) 



60.3 TRANSCEIPT OF APRIL 16, 197 Z MEETING 



DEAN: That's right. 



PRESIDENT: It'd be a tough case for them to prove, John. 



DEAN: 



PRESIDENT: 



DEAN: 



Well, they may decide not — I did — not do it and then 
nothing, none of these things are even released. It 
could very well happen. 

Well, that's what I want. I mean, I — Understand, the 
reason I have to have that is in case there's a break 
tonight. I don't want to have to call John Dean in and 
say, "Look, John, can I have it?" It looks like I was — 
What the Christ am I doing. I, I've got to know because 
I do have some knowledge that there might be vulnera- 
bility. All that I am saying with this, as you know, 

[Clears throat] 



PRESIDENT: is that I have heard things from the U. S. Attorney, and 
from John Dean ,and from my own people that indicate there 
could be a technical violation, that there could be, there 
could be obstru — Under the circumstances, I feel that 
it's ray duty to have your resignation in hand. Of course, 
the President always has a resignation. 



DEAN: 



Well, uh — 



PRESIDENT: 



How does that sound to you? 



DEAN: 



That's right. The, the thing is the phrasing in the 

letter, uh, is important. 
-51- 
(1198) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



PRESIDENT: All right. 



DEAN: 



You don't cause anybody, you know, problems with a 
fair trial. So that's why I'd like to — 



PRESIDENT: Good, John. Well, that's right. I mean, that's — 

understand, those are my dictations. I Ju3t [unintelligible] 



DEAN: 1 understand. 

PRESIDENT: Only it's, only it's a form for you. And you, you work 

it out and work it out so that it would be one that could 
apply to you and then work out the — and to, uh, Ehrlich- 
man , Haldeman , anybody else . 

DEAN: Um huh. 

PRESIDENT: Just a form that I can give anybody. Strachan — No, 
he's not going, 

DEAN: Yes, he's gone. USIA. 

PRESIDENT: Well, that doesn't come to me does it? 

DEAN: Well, the whole Executive Branch, is, huh — 

PRESIDENT: No, well, no, I mean, 

DEAN: No, it wouldn't come — 

PRESIDENT: his resignation can be submitted to Keogh. 

DEAN: That's right, Keogh. 

PRESIDENT: Well, I'll get his resignation. And I'll tell — I 

don't mean about — I'll tell those guys that he, uh — 

-52- 

(1199) 



60.3 TRANSCRIPT OF APRIL 16, 1973 MEETING 



DEAN; 



I would have — I don't think, you ought to tell 
Strachan. I think — 



PRESIDENT: 



DEAN: 



PRESIDENT: 



No, no, no, no, no, no, no. Tell Keogh he ought to 
ask for the resignation. 

I think Bob ought to do that, though. 

Bob Haldeman? 



DEAN: 



PRESIDENT : 



DEAN: 



PRESIDENT: 



Uh huh. 

Good. I'll tell him; I'll tell Bob then to get them. 
That'll, that'll be Strachan and, uh, Magruder coming 
up. That'll be it. 

All right, sir. 

All right. That's your, your advice. Oh, also if you 
do have any random thoughts on, uh, how many more we 
could do on the presentation of this thing, sit over 
in your office and think of it, I mean, as to how to 
handle the — 



DEAN: 



PRESIDENT : 



DEAN: 



Well , I want you to — 

So that the President is in front, you know what I mean. 

I want, I want, I want to give you some, some notes on 
that, that I think will help. 



-53- 



(1200) 



60.2 TRANSCRIPT OF APRIL 16, 2973 MEETING 



PRESIDENT: Would you do that? 



DEAN: 



Yes sir. I will. 



PRESIDENT: The record. Here's what I've done. Here's what I've 
done, and what you think the President ought to do and 
when — you see what I mean? And then, if we have to 
use these things — I pray to God we don't, 'cause you 
guys don't deserve it. You don't deserve it. 



DEAN: 



Well, at least, the important thing is that it's not 
them, it's you. 



PRESIDENT: No, well, I know, maybe it isn't me personally, it's 
this place. 



DEAN: 



Well, it's the Office, and, uh, the campaign office 
as well. 



PRESIDENT: 



All right. Remember, be back. 



DEAN: 



All right, sir. 



PRESIDENT: 



I would, uh, I'd just, just, just hang tightly. 



DEAN: 



I couldn't, I couldn't be. 



PRESIDENT: Hang tightly. 



DEAN: 



I couldn't be more objective, Mr. President. And, you 



-54- 



(1201) 



DEAN: 



60. S TRANSCRIPT OF APRIL 16, 1973 MEETING 

know, I just have — don't think I've lost my objec- 
tivity in this thing at all. 



PRESIDENT: What? 



I said, don't think I've lost my objectivity at 
all in this , 



PRESIDENT: Right. 



DEAN : even 

sir. 



though I'm right at the peak on it. All right. 



PRESIDENT: Good enough. 



-55- 



(1202) 



61. On April 16, 1973 from 10:50 to 11:04 a.m. the President, H. R. 
Haldeman and John Ehrllchman met. The President reported on his meeting 
with Dean. There was a discussion of a "scenario" of events after the 
President became aware that there were some discrepancies between what 
he had been told by Dean in the report that there was nobody in the 
White House involved. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of that recording. A summary of that transcript has 
been prepared. 



Page 

61.1 President Nixon daily diary, April 16, 1973, 

Exhibit 21, In re Grand Jury . Misc. A7-73 1204 

61.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, H.R. Haldeman and John 
Ehrlichman, April 16, 1973, 10:50 - 11:04 a.m 1207 



(1203) 



62.1 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 ^^^^^^^ 

-— ,r,;7rrM(Mr.K i'i;iif;)i)i:iif riici; ..id fiixo.i's daily diary 



., M I IIAV I'll. AN' 

Till: U'lHTKH'lUSi: 

wasiiiw;t<i'.', d.c 



GOV,: ;:,■ 



12:0S 
8: IS 
8:26 

8:27 

8:29 
3:29 

9:24 
9:50 

10:00 
10:50 

11:04 
11:04 



12:23 
8:22 



9:24 

9:59 

10:40 
11:04 



11:11 



,/ 



Cf-^.'IAJ- 




ait; II. 16, 1973 

llMt DAY 

12:08 a.m. MONDAY 



( 



i-vc 



The President tallced with his Assistant, 11. R. Haldcman. 

Tlie President tallced v.'ith his Assistant ,. John D. Ehrlichman. 

The President talked with his Special Assistant, StcpKcn B. 
Bull. 

The President telephoned Staff Assistant Thonas Hart. The 
call was not conpleted. 

The President went to the first floor private dining room. 

The President held a breakfast meeting with Speaker of the 
House Carl B. Albert (D-Oklahoma) . 

Tae President went to the Oval Office. 

The President met with: 
Mr. Ehrlichman 
Mr. Haldeman 

The President met with his Counsel, John W. Dean III. 

The President met with: 
Mr. Haldeman 
Mr. Ehrlichman 

The President, accompanied by Secretary of Labor Peter J. 
Brennan, went to the South Grounds of the \\liite House. 

The President and Secretary Brennan motored from the South 
Grounds of the Wiite House to the Washington Hilton Hotel. 

The President was greeted by Robert A. Georgine , Secretary- 
Treasurer of the Building and Construction Trades Department 
of the AFL-CIO. 

The President went to the Cabinet Room in the Washington 
Hilton. He was accompanied by: 
Secretary Brennan 
Mr. Georgine 

The President greeted general presidents of union affiliates 
comprising the P.uilding and Construction Trades Department 
of the AFL-CIO. For a list of attendees, soe ■■VPrrNDIX "A." 



^/ I r 



^ 



Toi 



-7S 



!rr '\^cly 



r. -tr-f^ 



"-r 



(1204) 



61.1 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 



•'"'t Hou'.i PniiSIDtMT RICHARD rilXOiTS DAILY DIARY 


ri Ai 1 |)\V |.| |„\.\ i'" 11 .M 1,,,. V- , 


A"i:.i. li>, 107', 


Till: WUTr, IIOUSI-: iiME i,\y 


U'AsiwNfinir;, n.c. ii:il n.n. •!'i";!';av 


1 iwy. 


!■ l'i...<.t 


A( 1 i\*i rv 


In 


Out 


In 


ID 










■ 


Tho Prcbidnit addressed delegates attending the National 










Legislative np.U iafetv Conference of ti\c Building and 










Construct ion Trades Department of tho AFL-CIO. For a 










list of head table guests, sec APPEXDIX "B." 










Members of the press, in/out 










Ifliite House photographer, in/out 










The President returned to his liTnousine. He was acconpanied by: 










Secretary Brennan 










Mr. Georgine 










Uliite House photographer, in/out 


11:48 


11:55 






The President r.otored from the Uashingtoa Hilton Hotel to the 
Sout'.i Grounds of the UTiite House. 


11:57 








The President returned to the Oval Office. 


12:00 


12:31 






The President- met v;ith Mr. Haldeman. 


12:31 


12:39 






The President met v.-ith: 

Dr. John Xorris, retired Associate Medical Director of 
Eastman-i^odak and Chairman of the Board of Trustees 
of Alcoholics Anonyir.ous (AA) 
Robert Hitchins, General Manager of AA General Service 

Office 
Tom Pike, member of the National Adviscry Council on 

Alcoholism 
Caspar V.'. V.'einberger , Secretary of HEW 
James H. Cavanaugh, Staff Assistant 
U'hite House p'lotographer , in/out 
The President received the one millionth copy of the 
"Alcoholics Anonymous" book. 


12:40 


12:57 






The President met with: 

Roy D. Hickman, President of Rotary International 

V.'. Richard Howard, Special Assistant 

Uliite House iihocographcr , in/out 
Mr. Hickman presented the President with the Paul Harris 
Fellow Award in recognition of the President's efforts to 
promote world understanding. 


12:58 


1:37 






The President met with his Press Secretary, Ronald L. Ziegler. 


1:38 








'Hie President went to liis office in the EOB. 
llie President met with: 


1:39 
2:25 


3:25 
2:52 






Henry C. 'oLor'-en, A.-;si:-i tant ALtorni>y Cenernl 

Mr. ZieKler -^^(J C' 



(1205) 



61.1 PRESIDENT NIXON DAILY DIARY, APRIL IG, 1972, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 



p;;:;5ii, rn' rich/.;;.; r;;.;()ri's daily oi/ifjY 

I- f lie, I • ' ^., I-, .| .A.t;,,:.l 



r: 



TTj'Tl I'M I'll -AN 



fiii: ^i!iT); iioi'SK 
y.\;;iii:;(Vi-ox, d.c 



IIMI 
In 0„t 



2:19 
3:25 

3:27 
3:35 

4:04 

4:05 

4:07 

4:42 



4:55 
5:45 

6:01 



6:01 

6:15 

7:20 
8:28 
8:32 

8:42 
8:45 

8:58 
0:24 
9:27 



I'MOM. 

;■ iM.,.i.i 

K Ki,.i>i.l 



3:26 

4:02 
4:04 

4:05 

4:06 

4:35 

4:43 



6:01 
6:01 



6:10 



8:41 



9:14 



9:49 



I'AII ,M.. iJji. Yr I 
Ai'lUi. ir, , 1973 
11 Ml. I MY 

2:\ J P.M. ;;'t:;DAV 



Tlic ['resident rcc|ucjted that Mr. Ziegler join him. 

The President talked with Mr. Ziegler. 

Hie President met with: 
Mr. Ehrlichmnn 
Mr. Ziegler 

The President talked with his Counsel, John W. Dean III. 

The President met with Mr. Bull. 

The President met with Mr. Dean. 

The Preside" t talked with his daugliter, Julie. 

The President met '..'ith: 

William P. Rogers, Secretary of State 
Mr. Ziegler 

The President and Secretary Rogers went to West Executive 
Avenue . 

The President and Secretary Rogers motored from West Executive 
Avenue to Pier One of the Washington Nav\' Yard. 

The President went boating on the Sequo ia with Secretary 
Rogers. 

The President and Secretary Rogers had dinner on board. 

The Sequoia docked at Pier One of the Washington Navy Yard. 

The President motored from the Washington Navy Yard to the 
South Grounds of the White House. 

The President returned to his office in the EOB. 

The President telephoned Mr. Ehrlichman. The call was not 
completed . 

The President talked with Mr. Petersen. 

The President returned to tlie second floor Residence. 

ITie President talko.i with Mr. Eli rl ichinan . 



Cli/SM/.ll) 



(1206) 



61.2 ROUSE JUDICIARY COMMITTEE STAFF SUMMARY OF miTE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 197Z, 10:50-11:04 A.M. mETINC 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 

April 16, 1973, 10:50 a.m. to 11:04 a.m. 



On April 16, 1973 the President met with H. R. Haldeman and John 
Ehrlichman in the Oval Office from 10:50 to 11:04 a.m. Haldeman 
began the discussion by saying, "The scenario worked out pretty 
well." The President said to Ehrlichman, "[T]his is quite the 
operator." He said that they (presumably the President and Dean) 
first talked about the work Dean had done before this began, that 
he told Dean that it was national security work, and that Dean said 
he considered it so. The President said he asked Dean if he had 
told anybody about it. The President stated that Dean said he had 
not and that he didn't intend to say anything more than he needed 
to say in answering questions with regard to this matter, or 
comment on any conversation he had had with the President. The 
President said, "So far as he is concerned, that operation will 
not be discussed. Of course, the problem I suppose is as far as 
others are concerned or were involved." If they did, the President 
said to Ehrlichman, "I would play it straight out. Damn it, of 
course, we do this." (p. 1) 

Ehrlichman said he had been thinking about it and that if he 
ever got a question like that at the Grand Jury, he would tell 
the U.S. Attorney that it was under executive privilege, that since 
it was a national security matter he could not answer, that he would 
refer it to the President for his decision as to whether he should 
answer, but that he was in no position to respond. Ehrlichman said 



(1207) 



61. 2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 16, 1973, 10:50-11:04 A.M. MEETING 

that if the matter were referred to the judge he would tell him 
that the procedure is to refer the question to the President for 
his personal review, and that he would ask for an opportunity for 
that to be done. The President said, "I can see you being asked 
the question," and Ehrlichman said that he thought that was right, 
but that was the process he would have to follow. (pp. 1-2) 

The President said that he told Dean he would like to have that 
letter and Dean asked, "What about Haldeman and Erhlichman?" The 
President said he told Dean they had already told the President 
they would resign, but that naturally nobody was going to resign 
until the President got better information and satisfied himself 
with Petersen. The President said Dean then asked if he could 
prepare the letters so that in the event he had to go to trial they 
wouldn't prejudice him, and the President said he told him to 
prepare what he thought his letter of resignation should be. The 
President reiterated that he told Dean that he had Haldeman and 
Ehrlichman 's letters of resignation in hand anytime he needed them. 
Ehrlichman said, "That's fine." (p. 3) 

Haldeman asked if Dean gave the President any indication how 
he was going to plead. The President replied that Dean said his 
lawyers had to work that out, but that his lawyers thought his 
possible criminal liability was limited and hard to prove. The 
President said Dean's lawyers had told Dean that the Justice 



- 2 



(1208) 



61.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 26, 1973, 10:50-21:04 A.M. MEETING 

Department could well come out without any indictments against anyone 
on the White House staff. (pp. 3-A) 

The President said he asked about Colson, and Dean said there were 
three areas. The President said he mentioned Bittman, and the call 
to Kunt. Haldeman said, "The call to Magruder." The President replied, 
"Oh yes. Call to Magruder, but that's previous." The President said 
he "hit him hard" and asked whether the report on the call was true, 
and Dean said yes. (p. 4) 

Haldeman asked whether the government thought it was a hard case to 
prove, too. The President said, "As I told you today, Petersen said 
that the legal end is just terribly difficult." Haldeman said, "It 
is our moral thing and the pressure. Basically it is a PR job." The 
President said they had to decide this, and decide it in terms of many 
things. He said, "But, I, at least, felt a little better about it than I 
did last night." (pp. 4-5) 

The President asked Haldeman when the President was to see Rogers. 
He also asked how the scenario had worked out. Haldeman reported that 
it worked out very good. He began the scenario, saying, "You became 
aware sometime ago that this thing did not parse out the way it was 
supposed to and that there were some discrepancies between what you had 
been told by Dean in the report that there was nobody in the White 
House involved, which may still be true." The President said, "Inci- 
dentally, I don't think it will gain us anything by dumping on the 
Dean Report as such." (pp. 5-6) 



- 3 



(1209) 



61.2 HOUSE JUDICIARY COMMITTEE STAFF SUmiABY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 10:50-11:04 A.M. METING 

Ehrlichman raised a point made by Ziegler that when Dean returned 
from Camp David and said he could not write a report, that was the 
tip off and the President started to move. (P- 6) 

The President asked, "How do I get credit for getting Magruder 
to the stand?" Ehrlichman replied, "Well it is very simple." 
Ehrlichman stated how Dean was replaced by Ehrlichman as the 
President's investigator. The President asked, "Why did I take 
Dean off? Because he was involved? 1 did it, really, because he 
was involved with Gray." Haldeman said, "[T]he scenario is that he 
[Dean] couldn't write a report so obviously you had to take him 
off." The President agreed, "Right, right." Ehrlichman continued 
by telling the President how he had talked to several witnesses 
and how he kept feeding information to the President until the 
President saw the dimensions of this thing. Haldeman told the 
President "You brought Len Garment in." Ehrlichman said, "You 
began to move." (pp- 6-7) 

Ehrlichman said that the President decided to have Mitchell, 
Strachan and Magruder brought in. The President asked if he should 
say we brought them all in and Ehrlichman said "I don't think you 
can." Ehrlichman and Haldeman replied that they should not be 
named. Ehrlichman said, "But you should say, 'I heard enough that 
I was satisfied that it was tine to precipitously move. I called 
the /attorney General over. . . .'" 



(1210) 



61.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 10:50-12:04 A.M. MEETING 

Haldeman and Ehrlichraan discussed the timing of calls to the 
Attorney General and knowledge about Magruder's willingness to 
talk. Haldeman said Magruder was still agonizing over what he 
would do. Haldeman said that "the reason for the hurry up in the 
timing was that we learned that Hunt was going to testify on Monday 
afternoon." (pp. 8-9) 

They discussed at what time Ehrlichman talked to Kleindienst. 
The President said, "But my point is when did we decide to talk 
to Kleindienst? Before Magruder?" Ehrlichman replied, "Oh, yes. 
Remember, early in the morning I said I will see these two fellows 
but I've got to turn this over to the Attorney General." The 
President asked which two fellows he was going to see, and Ehrlichman 
said Mitchell and Magruder. He said he tried to reach the Attorney 
General all day to give his report. The President asked whether 
he should release the report. Ehrlichman said that the report 
was seven or eight pages plus the notes of interviews. (p. 10) 

Haldeman said that then Magruder came over and others were called 
in. Haldeman said then the President met with the Attorney General, 
the Prosecutor and the Head of the Criminal Division on Sunday. 
The President said he had met Kleindienst on Sunday at 1:00 p.m., 

and then at 4:00 p.m. and then met with Dean, Ehrlichman and Haldeman 
and that he had three telephone conversations with Henry Petersen 
that night. (pp. 10-11) 



(1211) 



62. On April 16, 1973 from 12:00 to 12:31 p.m. the President met 
with H. R. Haldeman. There was a discussion of what Haldeman might 
state publicly about his involvement in the transfer of cash from the 
White House to CRP. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

62.1 President Nixon daily diary, April 16, 1973, 

Exhibit 21, In re Grand Jury , Misc. 47-73 1214 

62.2 House Judiciary Committee staff suiranary of 
White House edited transcript of a meeting 
between the President and H.R. Haldeman, 

April 16, 1973, 12:00 - 12:31 p.m 1217 



(1213) 



62.1 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 v 



I Ml >-.'"ii. umi.l 



i'i;;:>:'!)riir ni;;;; .:vj r;i;;o.i's d.uly diai<y 



•nil;-, u'lirtK nm.'Si: 
i.'ASiitxiM'ii';, 0.':. 



IIMK 
I 



12:0S 
8:18 
8:26 

8:27 

8:29 
8:29 

9:24 

9:50 

10:00 
10:50 

11:04 
11:04 



12:23 
8:22 



9:24 

9:59 

10:40 
11:04 



11:11 



nior.i 






A:'!;!!. K,, Vjl'i 

ilMt HAY 

:i:OH a.n. Xr.MJAY 



Jl 



riie Prci^idcnt: LaLked with his Assistant, !i. R. Haldenan. 

T'no President talked v.'ith his Assistant, John D. IVnrlichtnan . 

The President talked with his Special Assistant, Stephen B. 
Bull. 

The President telephoned Staff i\ssistant Thomas !lart. The 
call was not completed. 

The President went to the first floor private dining room. 

The President held a breakfast meeting with Speaker of the 
House Carl B. Albert (D-Oklahoma) . 

rne President went to the Oval Office. 

The President met with: 
Mr. Ehrlichman 
Mr. Haldeman 

The President met with his Counsel, John W. Dean III. 

The President met with: 
Mr . Halderaan 
Mr. Ehrlichman 

The President, accompanied by Secretary of Labor Peter J. 
Brennan, went to the South Grounds of the UTiite House. 

The President and Secretary Brennan motored from the South 
Grounds of the U'nite House to the U'ashington Hilton Hotel. 

The President was greeted by Robert A. Georgine, Secretary- 
Treasurer of the Building and Construction Trades Department 
of the AFL-CIO. 

The President went tc the Cabinet Room in the Washington 
Hilton. He was accompanied by: 
Secretary Brennan 
Mr. Georgine 

Tlio President i;rt'etej general presidents of union affiliates 
romnrishv; tiii' 'U;; Ul i ;■'.'', mJ Cms c rucr io;; Tr;'.di-.-; Po-.^irtnenC 
of tlie AFk-CIO. lor a list ol .itten.iees, see Ai'-':'Nr>:X "A." 



(1214) 



6S.1 PRESIDENT NiXON DAILY DIARY, APRIL 16, 1973, EXHIBIT. 21, 
IN RE GRAND JURY, MISC. 47-73 



rrnrf_ nDir.t 



pr;(:sii);;NT ;";ic;i.:i!D riii^on's daily uiAr^Y 



rl Ai 1 IIW II (,A.\ 



nil" w.inv. iiDiisi- 
i.'Asii i:;f:['o.\', n.c: 



1 ! :: i -.. 



11:48 

11:57 

f| 12:00 

12:31 



12:A0 



12:58 
! :3.S 

I: V) 



11:55 

12:31 
12:39 



12:57 



1:37 



i : .• 5 



Vac Vcc^i .lent dddT'js=icd J.-logTtos accenci.ie C'ao :."atioaal 
Lfj^is Ial LvG p.-.^.d Satutv Conf er.-.^.cc o;' the Building and 
Construction Tre les DoparCnont: of the AFL-CIO. For a 
list; or hnad Cable guests, see APPL'XDIX "B." 
M^nbers of the press, in/ouC 
Wilte House photographer, in/out 

Tlie President returned to his limousine. He was acconpanied by 
Secretary Brennan 
Mr. Georgine 
V.liite House photographer, in/out 

The President motored from the V.'ashington Hilton Hotel to the 
South Grounds of the Miite House. 

The President returned to the Oval Office. 

The President met vjith Mr. Haldeman. 

The President met v'ith: 

Dr. John Xorris, retired Associate Medical Director of 
Eastman-Kodak and Chairman of the Board of Trustees 
of Alcoholics Anonymous (AA) 
Robert Hitchins, General Manager of Ai\ General Service 

Office 
Tom Pike, member of the National .'\dviscry Council on 

Alcoholism 
Caspar V.'. V/einberger , Secretary of HEW 
James H. Cavanaugh, Staff Assistant 
irnite House photographer, in/out 
The President received the one millionth copv' of the 
"Alcoiiolics Anon\-7nous" book. 

The President met with: 

Roy D. HickrMa, President of Rotary International 

W. Richard Howard, Special Assistant 

'.-.liite House -ih.itogr.iphcr , in /out 
Mr. Hickman nro3o;ited the President with the Paul Harris 
Fellov; A\.-.!rd La rocc-.nition of trie President's efforts to 
promote world understanding. 



T!ie Prosidenc net v;itii his I'r 
'ilie President wont to his offic 



s Secretary, Ro:'.--la L. 3iecler. 
L t:io. i:OB. 



Presidont •"■.-.■v with: 

iloiiiv i;. 'ei i.!r:-o;i. Ass is t.'.tit Ai 
Mr. '^ioi'.U'r 



(1215) 



62. 1 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1972, EXHIBIT SI, 
IN RE GRAND JURY, MISC. 47-73 y 



■,, , ,M>- M..A.N 

i'.^:; v;.;iTi; liousK 



1 ) 7 ■', 



In I Out 



2:19 
3:25 

3:27 
3:35 

4:0A 

4:05 

4:07 

4:42 



4:55 
5:45 

6:01 



6:01 

6:15 

7:20 
8:28 
8:32 

8:42 
8:45 

3:58 
0:24 
') : 2 / 



3:26 

4:02 
4:04 

4:05 

4:06 

4:35 



6:01 
6:01 



6:10 



8:28 



8:41 



9:1^ 



9 :'<-) 



..•..I 






—I 



Tlie President reiuejted ui.at Mr. Zie-lcr join hira. 

The President Calked uLth Mr. Ziegler. 

The President met with: 
Mr. Ehrlichman 
Mr. Ziegler 

The President talked with his Counsel, John '■'. Dean III. 

The President net with Mr. Bull. 

The President met with Mr. Dean. 

The President talked with his daughter, Julie. 

The President met with: 

William P. Rogers, Secretary of State 
Mr. Ziegler 

The President and Secretary F.ogers went to West E:-;ecutive 
Avenue . 

The President and Secretary Rogers motored from West Executive 
Avenue to Pier One of the Washington Nav>- Yard. 

The President went boating on the Sequo ia with Secretary 
Rogers. 

The President and Secretary Rogers had dinner on board. 

The Sequoia docked at Pier One of the Washington Kavy Yard. 

The President motored from Che Washington Na\-;-- Yard Co che 
South Grounds of the White House. 

The President returned to his office in the EOB. 

The President uelephjned Mr. E:irlichMn. The call was not 
completed. 

Tiie President Calked with Mr. Petersen. 

TiiO -'resident rorurned ce t!io secvid f!o.-r Sosid^'nce. 

Th> i'i->'sidrnL L !!;..; wLch Mr. Kh-l ioiu-an . 



.11) 



(1216) 



82.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 2973, 12:00-22:31 P.M. MEETING 

SUMMARY OF EDITED WHITE HOUSE TRANSCRIPT 
April 16, 1973, 12:00 to 12:31 p.K . 

The President net with H.R. Kaldeman in the Oval Office on April 16, 1973, 
from 12:00 to 12:31 p.m. The transcript is prefaced with the notation 
"Material unrelated to Presidential actions deleted." 

The President said, "Now we got a plan on how we stage this damn thing in 
the first stages. Ron's got it all worked out. We've gone over, and then 
he's got the use of this Advisory Group and — ." The President asked, "iftiat 
does this amount to Bob?" Kaldeman discussed the "invariables" of the Presi- 
dent acting before or after the Magruder story came out. ualdeman said the 
President must establish his position and what he has done, "and the scenario 
works pretty well on that." Kaldeman presented a "scenario" from which the 
President could "run your backgrounder, tell your story." Kaldeman said that 
when the case broke the President could say he got in to this and this was 
what he had done. Ke said it had led, as they fully expected it would, to 
the next major step. Kaldeman said that Petersen could then disclose that 
Magruder had given the prosecutors a full report of what transpired and that 
allegations against others were being pursued, but that he would not discuss 
the matter further because of the potential danger of jeopardizing the rights 
of others. (pp. 1-2) 

Kaldeman informed the President of Garment's belief that "you are in pos- 
session of knowledge that you cannot be in possession of without acting on." 
Kaldeman said Garment's recommendation was that the President should cut cleanly 
by removing Kaldeman and probably Ehrlichman. Kaldeman said Garment proposed 



(1217) 



62. 2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF imiTE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 19? Z, 12:00-12:31 P.M. MEETING ' 

that Halderaan put out the details about the $350,000 fund, and its transfer. 
Haldeman said he could say that he acted at all times at the instigation of and 
through John Dean, and Dean never told Haldeman that his activity was improper 
or illegal. (pp. 2-4) 

The President expressed concern whether Dean gets off and gets on "other 
things." The President said, "I don't want him — he is in possession of 
knowledge about things that happened before this. 1 told him that was all 
[n]ational [s]ecurity." (p. 4) 

Haldeman referred to Garment's case that "we have to look at this in terms 
of the President and th^ Presidency." Haldeman said that Ehrlichman and Ziegler 
thought the President should not see Garment; just relay a message that the 
President is "moving and what he wants done is in the process of being done." 
(p. 4) 

Haldeman said he could be the first to resign and tell his story publicly. 
"Not to the jury, but do it publicly in some fashion and tell the whole story, 
all the details." Haldeman said Garment thought that he "can bring something 
like that off,"but Garment didn't think that Ehrlichman could. "• • • therefore 
you've got to cover up and try to hold Ehrlichman in but if you get a problem 
you will just have to let him go." The President responded that he did not know 
what there was on Ehrlichman. The President said he thought that "Dean, frankly, 
is more inclined to give Ehrlichman a screwing than anybody else." Haldeman 

said that if Colson got hung up anywhere, he would "go on Ehrlichman" and not 
Haldeman, "because I didn't work with him on any of that stuff. John did." 

(pp. 5-6) 



(1218) 



62.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMABY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1972, 12:00-12:31 P.M. MEETING 

After discussing the source and nature of Garment's information, Haldeman 

returned to the potential problems of the transfer of the $350,000 to CKP. 

Haldeman said that it would be a hard case for anyone to believe that the 

funds were not to keep the defendants quiet. The President inquired about the 

analysis of tha proposed Haldeman scenario, Haldeman said that Ziegier admitted 

being biased, but that he was opposed to the idea. (pp. 7-8) 

They discussed Rogers' meeting with the President that afternoon. Haldeman 
said Rogers did not know all the facts. The President asked Haldeman to give 
Rogers the facts "cold turkey," and "point out that it is my view, and others, 
that this is a damn arguable, damn hard, case." (p. 8) 

The President asked if Garment knew "about Magruder and the rest." Haldeman 
answered that Garment had the same information that Ehrlichman did. The President 
said that he thought he knew everything Garment would tell him. Haldeman said, 
"Oh, yeah," and the President continued, "[H]ell you know, we talked about this a 
week ago. You know how you handle it." The President asked if Ziegier thought, 
leaving out the PR, that they "should try to tough it through? I am going to 
ask Rogers that, frankly." Haldeman replied that Ziegier would say "wait and 
see," and that Haldeman would be tarnished. Haldeman said he did not believe it, 
but he would say that he was "tarnished to the point where I can't be useful," 
if the President so desired. (pp. 9-10) 

They discussed when and whether the President should see Garment. The 
President said that Ziegier should have Garment write out his thoughts. The 
President asked if Kissinger had been filled in. Haldeman said that Garment 
had met with Haig and Kissinger. The President responded, "... [W]hat the hell did 
they do that for?" Haldeman said, "On the basis that he thought there was a real 



(1219) 



62.2 HOUSE JUDICIARY COmiTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 197Z, 12:00-12:31 P.M. MEETING 

danger and threat to the Presidency and that — ." The President replied, 
"Maybe I don't want a memo from him first. . . . Maybe he just better do it 
orally." Haldeman said a memo might cause problems because the secretaries 
would have to write it up. (pp. 10-12) 

Haldeman expressed hope that Rogers could "stay cool and sort of above 
it." The President interjected, "All the concerned people. If we could get 
a feel. I just have a horrible feeling we may react." They discussed the pos- 
sibility that th',y were over-dramatizing the situation. The President said 
he wanted Garment in on the legal side, but he did not want to have hin re- 
acting to the problems of each day. The President asked, "Am I right that we 
have got to do soxiething to restore the credibility of the Presidency 
Haldeman replied, "Of course you know the credibility gap in the old days. 
Len is the panic button type. If we had reacted in Garment's way in other 
things, we wouldn't be where we are. That doesn't mean he isn't right this 
time, incidentally." The President said that Haldeman and also Ehrlichman, 
"because he has made a study," should meet with Rogers. (pp. 12-14) 

Haldeman said that Ehrlichman told him that he should not do anything with- 
out his lawyers. The President agreed. The President said Petersen had advised 
him that Ehrlichman and Haldeman soon would be called before the Grand Jury. 
"Under the circumstances," the President said, "I could not advise you with uy 
limited knowledge of the law. I could not advise anybody to make a statement 
.... Because, basically, when you get in there they are going to question you 
on your damn statement." Haldeman said that whatever he said in his public 
statement would be exactly what he said in the grand jury. The President said, 
"iH]evertheless, I wouldn't give them that opportunity." (pp. 14-15) 

-4- 



(1220) 



62.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 12:00-12:31 P.M. MEETING 

The conversation closed with a discussion of Garment's suggestion that 

the President naeded to make a bold, dramatic move, and Kissinger's proposal 

that the President go on television. The President said that Watergate was 

"not that big" in the country, "just a little bit in the evening news." It 

would be a big story for a couple or three weeks, he said. Haldeman agreed, 

and ihe President concluded, "3uc it is not going tc be at the moment. We 

are going to have one hell of a time." (p. 15) 



-5- 
(1221) 



35-904 O - 74 - pi. 3 -- 10 



63. On April 16, 1973 from 1:39 to 3:25 p.m. the President met with 
Henry Petersen. Ronald Ziegler was also present from 2:25 to 2:52 p.m. 
During this meeting Petersen gave the President a report on the investi- 
gation and a written memorandum stimmarizing the prosecutors' evidence as 
of that time implicating Haldeman and Ehrlichman. There was discussion 
of whether the President should ask Haldeman and Ehrlichman to resign. 
In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A sunsoary of that transcript has 
been prepared. 

Page 

63.1 Henry Petersen testiimjny, 9 SSC 3634 1224 

63.2 Memorandum from Henry Petersen to the President, 

April 16, 1973, SSC Exhibit No. 147, 9 SSC 3875-76.. 1225 

63.3 Henry Petersen testimony, Watergate Grand Jury, 
February 5, 1974, 21-22 (received from Watergate 

Grand Jury) 1227 

63.4 President Nixon daily diary, April 16, 1973, 

Erfiibit 21, In re Grand Jury . Misc. 47-73 1229 

63.5 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
between the President and Henry Petersen, 

April 16, 1973, 1:39-3:25 p.m 1232 



(1223) 




b 



63.1 HENRY PETERSEN TESTIMONY, AUGUST 7 , 1973, 9 SSC 3634 

3634 

Mr. Pr-TERSEX. The President asked nie to i-educe to writinp what I 
said to him about those two, Ilaldeniaii and I'^hiTichinan, and I did 
that and {rave it to liim on April IG. 

Mr. Thomi'sox. And that is the same tliinj^ that you Iiave before yon 
riplit now ? 

Mr. Peterskx. Yes, sir. 

Mr. TiroMPSOx. Would there be an objection to makinp that a part 
of our record? 

Mr. Petersex. No, sir. 

Mr. Thompsox. If we could at a subsequent time make a copy of 
that, unless you have an extra copy. 

Mr. Petersex. I do not know whether I have an extra copy, Mr. 
Thompson, but T will be happy to give this to you and you give me a 
copy back. That will satisfy me. 

Mr. TiiOMPSo:f. Would that be agreeable with the chairman? 

Senator Ervix. All right. Let the record show the notes identified 
by Mr. Petersen will be appropriately marked as exhibits and admitted 
into the record as such. 

[The document referred to was marked exhibit Xo. 147.*] 

Mr. Thompsox. All right, Mr. Petei-sen. So essentially, to go into a 
little bit more detail — you have touched on this— one AMiite House 
member, Mr. Dean, was telling some very significant and dire things 
about two other White House membei-s, ilr. Haldeman and Mr. Ehr- 
lichman. "What was the President's reaction to this situation? Did he 
express a particular belief or disbelief in any vei-sion or any individual 
or how did he evaluate the posture of those ? 

Mr. Pe'i-ersex. I think it is fair to say he was kind of upset about 
Dean. He said that when he first learned alwut this that tlierc were 
more problems in store for liim than he had anticipated on March 21 
and he had asked Jol-.n Dean to reduce these to writing and sent him 
up to Camp David to do so and apparently Dean was unable to reduce 
them to writing and the President commented, T 5up[)03e because of his 
involvement, and he was concerned that perhai>s Dean was trving to 
lighten the load on himself by impeaching Haldeman and Ehrlichman 
and the question in the foreifront of his mind was the validity of the 
Dean information. That was the importance of >ragrudei-'s infoinia- 
tion and the possibility of Strachan coming through as a corroborating 
witness. 

Mr. Thompsox. Did he say piecisely what Dean had told him on 
March 21? 

Mr. Petersex. No. sir ; he did not. 

Indeed, he said that he told Dean to go up and write a report and 
he never got such a iv|)ort and Dean was unable to write it. 

Mr. Thompsox. How did 30U phi-ase it a moment ago? What did he 
say about the 21st? 

ifr. Petersex. He had fii-st learned that— the words are mine, not 
the President's. He fii-st learned that there were more significant 
problems than he had anticipated on March 21. 

Mr. Thomp.sox. Did he indicate that on March 21 he had learned 
what you were telling him ? 

Mr. Petersex. Xo. sii-; he did not. What he did suizgest was that 
after Dean had failed to provide him this report, he had told Ehrlich- 

•spp p. .isiri. 



(1224) 



63.2 HENRY PETERSEN MEMORANDUM^ APRIL 26, 1973, SSC EXHIBIT NO. 147, 
9 SSC 3875-76 



3875 

Exhibit No. 147 

April 16, 1973 

John Ehrlichman 

We have no other information as of this time except 
the follo'vinq items: 

1. That Ehrlichman in the period immediately following 
the breakin told John Dean to "deep aix" certain information 
recovered by Tean from Hunt's office. 

2. That Khrlichman through Dean informed Liddy that 
Hunt should leave the country. Hunt corroborates this in that 
he testified before the orand jury that Liddy tol« him that 
his, Liddy' 3, principals, wanted Hunt out of the country. 
Hunt states that as he was preparing to leave, he was called 
a^aln by Liddy and informed by Liddy that Liddy's principals 
had countctmanded the order. Hunt further states that not- 
withstanding he then departed for California. 

With reanect to Item One you will recall that I told you 
that Dean had on one occasion indicated to me that he had given 
certain non-Wateriate information recovered from Hunt's office 
to Pat Gray personally. Sometime during the middle of March, 
1 had occasion to consider this matter and I asked Pat Gray. 
Gray told me on that occasion that he had received no information 
from John Dean other than that which was given to the agents. 

Today I again raised the matter with Pat Gray and told him 
eoecifrcally what Dean had stated to the prosecutors who are 
debriefing him. Gray emphatically denied that he had ever received 
apy information from Hunt's office from John Dean. Gray states 
that all the information and records recovered from Hunt's office 
were received by agents of the FBI in the normal course of 
business. 

Bob Halderoan 

With respect to Bob Haldeman's alleged involvement in 
the Watenate Pean states that in December of 71 or early parts 
of January 1972 there were a series of meetings, three in 
number, with John Mitchell which took place In Mitchell's office. 




(1225) 



63.2 HENRY PETERSEN MEMORANDUM, APRIL 16, 1973,' SSC EXHIBIT NO. 147, 
9 SSC 3875-76 ^ 



3876 



- 2 - 

Present were Llddy, Magruder, Dean and MltcheU. At each of 
these ..eetims the Liddy operation was discussed. The purpose 
beim to obtain Information about democratic presidential 
contenders. On the flrnt two occasions Mitchell refused to 
authorize ;he budget proposals. The first boin^, ^I-OOO ono 
and the second $500,000. On tho third occasion Mitchell 
apnroved the reduced budget of $300,000. The operation was 
described as "qematone." NBaruder says the budget information 
was given to Strachan. Magrudar also says that information 
given to Strachan was for delivery to Haldeman. Magruder is not 
in a position to say that Strachan actually delivered the 
information. 

Dean states that after the second meeting with Mitchell. 
Liddy and Maorudar, he returned to the White House and relayed 
to Bob Halderon the nature of the proposals being discussed 
and stated that we ought not to have any part of them. Dean 
states Haldeman agreed but apparently no one issued any 
instructions that this surveillance program was to be dis- 
continued. 

Magruder further states that he caused to be delivered 
to Strachan for transmittal to Haldeman a summary of the 
intercepted conversation. Again Magruder is not in a position., 
to say that Strachan actually delivered the information to 
Haldeman. Magruder does say that the nature of the information 
was such that it was clear that it emanated from intercepted 
telephone conversations. 

Strachan 

Strachan appeared at the U. S. Attorney's office was 
Infonaed of his rights and rfvissii was questioned by the 
prosecutors con?le rnlng, I the Haldeman allegation, respite 
considerable fencing Strachan refused to discuss the matter 
and he was excused by the prosecutors with instructions to 
obtain legal counsel and return this afternoon. 



(1226) 



63.3 HEUEY PETERSEN TESTIMONY^ FEBRUARY 5, 1974, WATERGATE GRAND- JURY, 21-22 



4 
5 
6 
7 
8 
9 
10 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 



DV 



21 

Q I take tt yoa never did have a substantive discus- 
sion about what it was Hunt could reveal? 
A No. 

Q Did there coce a time when the President requested 
that you put in writing the substance of the investigation 
up to any i.articular point? 

A Well, there were t\*o occasions. First, on April 
15th, after we gave htn the oral statenent. he asked cqe to 
put that in writing so that he would be certain of it. That, 
I did. That very brief statement has previously been made 
available to you. 

At or about that time, maybe lateif in the week, 
he asked for a full exposition. Having got Into it this far, 
he felt he needed all the inforcatlon, and J[ said I would 
undertake to to try to do that. 

I did go through the inforcatlon out it was deter- 
mined that anything above and beyond that whlih I'd already 
given him was G.and Jury natter and, therefore, was not to 
be divulged. 

On that score, I should say that that came up, as 
I recall, in the April 15th meeting, if I'm not mistaken. 
It was the President - in the course of the President asking 
to be kept inforraed of these things, that he pointed out 
that he didn't expect to get Grand Jury information and we, 
of coarse, agreed to that. Which I thought was fortunate 



DV 



(1227) 



63.3 HENRY PETERSEN TESTIWNY, FEBRUARY 5, 1974, WATERGATE GRAND JVEY, 21-22 



0\/ 



1 
2 
3 
4 
5 
6 
7 
8 
9 
10 



II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 



22 



because I'd not all certain chat as President he's not en- 
titled to Grcnd Jury information fron Goverraent attorneys, 
if it's distributed in the coarse of their duties. 

Q In any event, I take it you got back to the Presi- 
dent and told him that you could not provide him a core de- 
tailed report? 

A Tb-at's correct, I did, and he accepted that. There 
was no discussion, argximent, rancour, indignation, anything 
else — and I gave him that "no" with soise trepidation, I 
don't mind saying, 

Q Now, aside fron a detailed written report, did you 



provide all information to him, from time to tine, about the 
progress of the investigation or the possibility of — • 

A Fron tine to time, but it v;as very general, in the 
t\*o weeks. For example, v;hen he called about the iiznunity 
thing, he said, "Well, what else is new?" And I told him 
about the John Dean statement with respect to the Fielding 
break- in. 

On another occasion, Ictold him about the conflict 
between Strachan and Kagruder and we were trying to resolve 
it and, if Strachan developed into a witness, then we would 
have a prima facie case against Haldeman. 

But it was in the context of what I describe as 
ultimate rather than evidentiary fact. 

Q Was there sone discussion about the scheduling of 



D\ 



(1228) 



63.4 PRESIDENT NIXON DAILY DIARY, APRIL 16, 197S, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 




8:27 

8:29 

8:29 

9:24 
9:50 

10:00 
10:50 

11:04 
11:04 



9:24 

9:59 

10:40 
11:04 



11:11 



<t,-:.iA^ji 



^' 



/,<K1, 



The President talked with his Assistant, II. R. Ualdeman. 

Tlie President talked with his Assistant, John D. Ehrlichman. 

The President talked with his Special Assistant, Stephen B. 
Bull. 

The President telephoned Staff Assistant Thomas Hart. The 
call was not completed. 

The President went to the first floor private dining room. 

The President held a breakfast meeting with Speaker of the 
House Carl B. Albert (D-Oklahoma) . 

Tae President went to the Oval Office. 

Tlie President met with: 
Mr. Ehrlichman 
Mr. Haldeman 

The President met with his Counsel, John W. Dean III. 

The President met with: 
Mr. Haldeman 
Mr. Ehrlichman 

The President, accompanied by Secretary of Labor Peter J. 
Brennan, went to the South Grounds of the IVhite House. 

The President and Secretary Brennan motored from the South 
Grounds of the Ufhite House to the Washington Hilton Hotel. 

The President was greeted by Robert A. Georgine, Secretary- 
Treasurer of the Building and Construction Trades Department 
of the AFL-CIO. 

The President went to the Cabinet Room in the Washington 
Hilton. He was accompanied by: 
Secretary Brennan 
Mr. Georgine 

The President greeted general presidents of union affiliates 
comprising the Building and Construction Trades Department 
of the AFL-CIO. For a list of attendees, see x\PrRNPIX "A." 



y 7 7- 7-1' 




(1229) 



63.4 PRESIDENT NIXON DAILY DIAKi, APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 



.rlKE HOUSF 



PRESIOfNT RICHARD MIXOM'S DAILY DIARY 



I'l Al 1 ll\Y Kl l.AX 1'" 11 ' •' l'» V: i 


•J'i'.i!. If), l'J7 1 


Tin: WICTi: llOUSK hmc hay 


U'ASIIINCTON, D.C. ll:Up.n. :vx:,y\\ 


TIME 


K .■(i . .ivcJ 


A( rlVITY 


In 


Out 


lo 


ID 












Tho PrcsideaC addr-.'s^cd delegates attending the National 










Legislative and 3afetv Conference of the Building and 










Construction Truies Department of the AFL-CIO. For a 
list of head table guests, see APPEN'DIX "B." 

>!embers of the press, in/out 

Wiite House photographer, in/out 

The President returned to his limousine. He was acconpanied b\. 
Secretary Brennan 
Mr. Georgine 
Wiite House photographer, in/out 


11:48 


11:55 






The President motored from the Washington Hilton Hotel to the 
South Grounds of the VHiite House. 


11:57 








The President returned to the Oval Office. 


12:00 


12:31 






The President met v;ith Mr. Haldeman. 


12:31 


12:39 






The President met ■•■ith: 

Dr. John Xcrris, retired Associate Medical Director of 
Eastman-ilodak. and Chairman of the Board of Trustees 
of Alcoholics Anonymous (AA) 
Robert HitcJiins, General Manager of AA General Service 

Office 
Ton Pike, r.eniber of the National Advisory Council on 

Alcoholism 
Caspar W. ;."einberger , Secretary of HEW 
James H. Cavanaugh, Staff Assistant 
White House photographer, in/out 
The President received the one millionth copy of the 
"Alcoholics Anon>-raous" book. 


12:A0 


12:57 






The President met with: 

Roy D. Hickr.an, President of Rotary International 

W. Richard Howard, Special .Assistant 

Ivhite House ohotographer , in/out 
Mr. Hickman presented the President with the Paul Harris 
Fellow Av/ard in recognition of the President's efforts to 
promote world understanding. 


12:58 


1:37 






The President met vitli his Press Secretary, Ronald L. 2io^;ler. 


1:38 








Tlie President went to liis office in tlie EOB. 

Tlie President met with: 

Henry V.. 'ctorL-en, Assi^itant Actoiuey General 


1:30 


3:25 






2:25 


2:52 






Mr. Ziegler ., -j r- 









(1230) 



63.4 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 



.^,*«'UM 



pr::GiL-:;i(' R:c;i<.i(j t;i,:ori's daily dia:iy 

' • f I I ivM I- I I.., I -1-rl A u I 



r 



-rfVrT I'M MILAN 



u'.\i;iii:;i"TON , \).c. 



2:19 




P 


3:25 


3:26 


P 


3:27 


4:02 




3:35 


4:04 




4:04 


4:05 


P 


4:05 


4:06 




4:07 


4:35 




4:42 


4:43 


P 


4:55 


6:01 




5:45 


6:01 





6:01 

6:01 

6:15 

7:20 
8:28 
8:32 

8:42 
8:45 

8:58 
9:24 
9:27 



6:10 



8:28 



8:41 



9:14 



9:49 



i'ii(i\h 
p fij.tj 



■n. 



MMt ll\Y 

2: [J p. a. ::'-::dav 



Tlio President requested that Mr. Ziegler join him. 

The President talked with Mr. Ziegler. 

Tlie President met with: 
Mr. Ehrlichraan 
Mr. Ziegler 

The President talked with his Counsel, John \J . Dean III. 

The President net with Mr. Bull. 

The President met with Mr. Dean. 

The Preside"t talked with his daughter, Julie. 

The President met with: 

William P. Rogers, Secretary of State 
Mr. Ziegler 

The President and Secretary Rogers went to West Executive 
Avenue . 

The President and Secretary Rogers motored fron West Executive 
Avenue to Pier One of the Washington Nav>' Yard. 

The President went boating on the Sequo ia with Secretary 
Rogers . 

The President and Secretary Rogers had dinner on board. 

The Sequoia docked at Pier One of the Washington Kavj- Yard. 

The President motored from the Washington Nav->- Yard to the 
South Grounds of the Ifliite House. 

The President returned to his office in the EOB . 

The President telephoned Mr. Ehrlichnan. The call was not 
completed. 

The President talked with Mr. Petersen. 

Tlie President rcrurned to the second floor Residence. 

Tlio President talked with Mr. EhrLichman. 



CI)/SM/JD 



(1231) 



63. 5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED ■ 
TRANSCRIPT OF APRIL 16, 197S, 1:39-3:25 P.M. MEETING 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
April 16, 1973. 1;39 p.m. to 3;25 p.m. 

On April 16, 1973 the President met in his EOB office with 
Henry Petersen between 1:39 p.m. and 3:25 p.m. The President opened 
the discussion by saying that he had three questions for Petersen be- 
fore Petersen gave him whatever he had. He asked Petersen's reaction 
to the following: "I (inaudible) Dean, first Magruder, with the infor- 
mation that I know, it seems to me that I've got to tell the (inaudible) 
something about that's been done (inaudible) where it would be worse." 
The President said, "We got to be sure that when people ask us later 
that we didn't — these people that are out (inaudible)." (p. 2) 

The President asked Petersen if that would affect his case at 
all, and Petersen replied that he would like that not to be done "until 
we conclude the (inaudible)." Petersen told the President that they 
were trying to get the pleasdown, but his (apparently Magruder 's) lawyers 
were reluctant on two grounds. The first, said Petersen, was whether 
Judge Sirica was "just going to lower the boom on him . . . [a]nd clap 
him in jail immediately," so they would have to see Judge Sirica to 
request that he not be jailed before the others against whom he had 
testified went to jail. The President asked, "Like Mitchell and (inaudible) 
. , . LaRue," and Petersen said, "Yes." Secondly, Petersen told the 
President, his lawyers were most concerned about what action the Ervin 



(1232) 



63. S HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 197 Z, 1:39-2:25 P.M. MEETING 

Committee would take, and Petersen had given instructions that his 
lawyers be told that Petersen would talk to Senator Ervin. Petersen 
said that he thought they could make very persuasive arguments on fair 
trial and free press grounds with a potential witness who was pleading 
guilty. (pp. 2-3) 

The President asked about the others, and said, "I think you'd 
have a hell of a problem on — like getting a fair trial for Mitchell 
on this . . o in case the Ervin Conmiittee moves forward." Petersen said 
he proposed to ask Senator Ervin to hold up, and the President said, "He 
won't agree with it." If he didn't agree, Petersen said, "we'll just 
have to go our separate course," The President asked Petersen if it was 
possible to try to enjoin the Committee. Petersen replied he did not 
think so, that Judge Sirica had instructed "all those people" to cooper- 
ate with the Senate Select Committee, and that if an injunction action 
were filed they would have another constitutional confrontation between 
the judiciary and the committee. The President said Petersen had to 
tell Senator Ervin that his continued investigation would jeopardize the 
rights of defendants and the possibilities of prosecution " of a case 
of a Mitchell." The President said that, if he were Mitchell's attorney, 
he would raise holy hell about that and he thought Mitchell's attorney 
would. Petersen agreed and told the President about the Delaney case, 
in which a conviction was reversed because of prejudicial publicity 
when a congressional committee did not hold off. (pp. 4-6) 

The second thing, the President told Petersen, was that Petersen 
should understand that he was to talk only to the President and not to 
anyone else on the White House staff. The President said, "I am acting 

-2- 



(1233) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-3:25 P.M. MEETING 

counsel and everything else." The only other person Petersen might 
talk to would be Dick Moore. If the President found that there was 
something he wanted to get to Petersen but was tied up, he might ask 
Moore to do it, the President said, and he asked Petersen if that was 
all right with him. Petersen said there was one reservation, and the 
President asked, "He might tell somebody else?" Petersen said no, that 
Dick Moore's name had been mentioned, apparently by one of the prose- 
cutors, and he would have to ask them why, because they should not know 
Moore, The President replied that Petersen "better keep it with me 
then" because "I need caution — I don't want to — I don't want any 
questions raised on this„" (pp. 6-8) 

The President then asked Petersen if it was correct that 
Petersen did "not want Magruder's (inaudible) to have him canned today." 
The President said that he had told Petersen that Magruder had to go, 
and he asked whether it might jeopardize Petersen's chance to plea 
bargain. Petersen said that was the case and indicated that they were 
concerned about "pullling] the string too tight on him before these 
other things are tied down." (p. 8) 

The President said that he had seen Dean that morning and told 
him that he had to have Dean's resignation in hand. Dean was writing his 
resignation and he would get it later in the day, the President said. The 
President told Petersen that he had to have Dean's resignation and obviously 
Dean could not continue as counsel. He asked Petersen if he had any prob- 
lems with that. Petersen said no, that was one of the reasons that he 
wanted the President to see Dean, and what the President did between him- 
self and Dean was "something else" than what the prosecutor did. He 

-3- 



(1234) 



63.5 HOUSE JUDICIARY COmiTTEE STAFF SUMMARY OF WRITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-2:25 P.M. MEETING 

indicated to the President that the prosecution could not be in the 
position of "requesting you ... to can Dean as a pressure tactic," 
but said that he had no objection to the President reaching an agree- 
ment, (pp. 9-10) 

The President said that he had a different impression of 
Petersen's position from their talk the preceding night, and Petersen 
said that he needed a lot more to recommend to the President that Dean 
be canned. The President asked Petersen to put himself in the Presi- 
dent's position and consider whether the President should allow Dean 
to have his resignation become effective after he made his deal with 
the prosecution, as Dean wanted, but as a prosecutor he would do some- 
thing different. Petersen said that as President he would take his 
resignation. He told the President, "iFjrom your point of view I don't 
think you can sit on it. I think we have the information under control 
but that's a dangerous thing to say in this city." If the information 
came out, Petersen said, the President should have Dean's resignation 
and it should be effective. (pp. 10-11) 

The President and Petersen discussed whether the information 
should be announced by the President or the Department of Justice and 
the President said he could say the case has been broken. (pp. 11-12) 

The President said that he had "to be able to say this," and 
Petersen replied that they had no objection. The President asked Petersen 
when he could say it, and Petersen said they wanted to tie it to the 
Magruder plea. The President said that he had to say it before Magruder 
pleaded, and that "you and I don't want the Washington Post to break it." 



I 7 



(1235) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-3:25 P.M. MEETING 

After all, the President said, "we have broken this," and "demonstrated 
that the judicial system does work," although sometimes it takes time. 
The President told Petersen that he couldn't have Magruder go into open 
court "and then I come in laying (inaudible) out of this and that the 
other thing." The President told Petersen that what he had in mind was 
that he would go out with Petersen, perhaps that day, and answer any 
questions. The need, the President said, was "to show that the Presi- 
dent takes the initiative." (pp. 12-14) 

Petersen agreed, but said his hesitancy was that if it served 
to put them out in front and served also to cause cooperating witnesses 
to withdraw their cooperation, it would be counter-productive. Petersen 
said that with Dean and Magruder, the prosecution had two potential 
witnesses who could tie it down, only one of whom had agreed to be a 
witness, (p. 14) 

The President suggested that Petersen appeared to have mixed 
emotions and to feel very strongly about the President's getting Dean's 
resignation that day, which might affect the effort to tie it down. 
Petersen affirmed this, but said that he had no objection to the Presi- 
dent's taking Dean's resignation immediately, his problem was with the 
announcement. (pp. 14-15) 

The President asked Petersen whether they could "keep ahead of 
the curve" by announcing Petersen's activity and position that day, but 
said "no that'll tip everybody off," and asked if that was the problem. 
Petersen said that he thought so and indicated that it would appear to 
be an expression of dissatisfaction on the President's part with 
Kleindiensto (pp. 15-16) 

-5- I 



(1236) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-2:26 P.M. MEETING 

The President said that after all of these months that when 
he finds something out he has to act. (Errata, p. 17) 

Petersen suggested that Zlegler could announce that the 
President had taken it upon himself to personally inquire into the 
Watergate situation. Petersen agreed that it would be fine to say 
that he had designated Petersen as his special counsel and that it 
could also be announced that there had been major developments that 
could not then be disclosed. (Errata, P. 18-19) 

The President told Petersen that he had been investigating 
the situation for two weeks. He said that a month before he had told 
Dean to write a report, but that the report "was not frankly accurate. 
Well it was accurate but it was not full." The President said that 
Dean told him that the reason that the report was not full was that 
Dean didn't know, that the President didn't know whether or not that 
was true but was told that it was not. The President told Petersen 
that he then put Ehrlichman to work on it. (Errata, P. 18-19) The 
President said that Ehrlichman worked for two weeks and got materials 
together without knowing what Magruder was going to say and had called 
Kleindienst on Saturday and told hl^n, "Look I've got this.' The President 
said, "[I]t's a pretty good record in that respect. Because I had worked 
(inaudible) I said now damn it get these facts." He said he could say 
that for the past two weeks the President had conducted a personal investi- 
gation and had used Ehrlichman. (p. 20) 

Petersen then told the President that several months earlier 
he had asked Pat Gray, in a very casual conversation, whether he had ever 

-6- 



(1237) 

35-904 O - 74 - pt. 3 -- U 



63.6 HOUSE JUDICIARY COhlMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-3:25 P.M. MEETING 

received any documents from John Dean, that Gray told him he had not, 
and that "I Just let it go at that," The President said, "My God." 
Petersen then said that Dean had told him he had also told Fred Fielding 
that he had given certain documents to Gray. Petersen told the Presi- 
dent that he had seen Gray that day and asked him, and Gray said that it 
was absolutely untrue, that Dean had never given him anything. Petersen 
said he was going to talk to Fielding after he left the President's 
office to find out what Dean had told him. The President told Petersen 
that he had better ask Ehrlichman, too. The President said that he had 
asked Dean what the story was on this. The President told Petersen 
"what I know — for whatever it's worth because I did conduct my investi- 
gation after I got this from you„" The President said, "The wiretapping 
material and all that business — all that was, of course, turned over to 
the (inaudible) , "but that also in the safe were "what they call political 
documents" that had no relation to the Watergate whatever, and he (apparently 
Dean) said "we just sealed that up and . . » ." The President asked 
Petersen how he was going to reconcile Gray's recollection that he never 
got a thing and asked if the Director of the FBI would be called. Petersen 
replied, "We may have to." (pp. 21-24) 

The President said that Ehrlichman told him the same story. "I 
think Gray did get something. And probably destroyed it." The President 
then said, "My suggestion is that ~ I mean — I have alerted — I have a 
suggestion — I think you better talk with Ehrlichman." The President 
told Petersen that he had better tell Ehrlichman what Gray had told him. 
(p. 24) 



-7- 



(1238) 



63. S HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-3:25 P.M. MEETING 



Petersen told the President that Strachan had come in that 
morning for a pre-appearance interview, but didn't want to answer any 
questions, and was sent out to get a lawyer. Petersen also told the 
President that Strachan had appeared before the grand jury the preced- 
ing week and the questions asked were very easy. (pp. 25-26) 

The President asked Petersen if the "deep six thing" was 
"enough to hang Ehrllchman on," and Petersen replied that he did not 
think it was. (p. 26) 

Petersen then told the President that part of Magruder's 
testimony went to obstruction of justice and subornation of perjury, 
that Magruder said Mardian and Dean had coached him in his testimony 
and that after Magruder's grand jury appearance Dean had called him 
to tell him that he had talked to Petersen and that Magruder had 
passed, (pp. 27-28) 

The President asked Petersen what he had told Dean about 
Magruder's grand jury testimony, and Petersen said he told Dean that 
Magruder had made a good witness in his own behalf but that the jury 
had some difficulty in accepting the story with respect to the money 
for the bugging, Petersen said that he could conceivably be a witness 
on that issue. Petersen said that under the rule (apparently the rule 
regarding grand jury secrecy) he could tell to the extent it was necessary 
to discharge his obligation and that he didn't tell Dean any testimony. 
He agreed with the President's statements that Dean was conducting an 
investigation for the President and that Petersen had characterized the 
testimony rather than give Dean the substance of it. (pp. 28-30) 



(1239) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16. 1973, 1:39-3:26 P.M. MEETING 

Petersen told the President that they had very little on 
Colson, except that he was alleged to have been putting pressure on 
as a member of the White House staff. The President said he knew all 
that, but he didn't know "whether it's bull." Everybody put pressure 
on, the President said, and the point was whether Colson and/or Haldeman 
put it on for money, Petersen said they didn't know, and the President 
said that both Colson and Haldeman denied it, that Haldeman said he 
wanted it for one purpose and Colson wanted it for another purpose. The 
President then said that he understood Colson used the word O'Brien at 
one time, Petersen replied that they didn't know that, but if they 
learned it that would be very damaging information because their infor- 
mation was that O'Brien was a specific target of the Liddy operation. 
The President apparently speculated on from whom he had heard about 
O'Brien, Petersen said that it didn't ring a bell with him. Petersen 
said that they had nothing on the aftermath concerning Involvement by 
Colson. (pp. 31-34) 

The President and Petersen again discussed a possible statement 
and the President asked Petersen to go over it with him and Ziegler. (pp. 
34-37) 

Petersen told the President that LaRue and O'Brien, the CRP 
lawyer, were coming in that afternoon, that LaRue was coming without a 
lawyer, and that O'Brien was very much concerned about the potential 
subornation charges, (pp. 37-38) 

The President asked about the negotiations with Dean. Petersen 
said that the decision wasn't made. He told the President that Dean's 
counsel said they wanted a deal, that Dean was an agent and didn't do 

r-9- 



(1240) 



62.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1972, 1:39-3:26 P.M. MEETING 

anything but what Haldeman, Ehrlichjuan, and Mitchell told him to do, 
and that if they insisted on trying him their defense would be to 
try Ehrllchman, Haldeman, Nixon, and this Administration. The Presi- 
dent said, "He'd try it — the President too?" and Petersen replied, 
"It's a goddamned poker game. Yes sir." Petersen told the President 
"it's just awful tough" to offer Dean immunity at this point. (pp. 38- 
39) 

The President then said, "The only point I want to be sure 
we understood on that is that I don't claim to be his higher authority. 
Mitchell is his higher authority — I don't know who he is referring 
to„" Petersen replied, "Oh I understand that," and said, "When I use 
that term — Liddy's a nut you see." The President said he had never 
met the man. Petersen told the President that he had called Liddy's 
attorneys and told them that a report had reached the government that 
Liddy was refusing to cooperate out of a misguided sense of loyalty to 
the President and that Petersen had been instructed by the President to 
inform Liddy's lawyer that the President wanted everybody to cooperate 
subject only to the qualification that it should not be construed that 
the President was putting undue pressure on him, Petersen said that 
Liddy's lawyer, Maroulis, had flown down from New York the preceding 
night to see Liddy and give him this information, and they would see 
what developed. The President asked whether Liddy would be the cor- 
roborating witness for Magruder. Petersen replied, "Basically." He 
told the President that Liddy was crazy and had burned his arms, shown 
them to the prosecutor, and said he would stand up to anything. (pp. 39- 
41) 

-10- 



(1241) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-3:26 P.M. MEETING 

The President said that he felt for the Cubans, who they 
probably recruited "(inaudible) 'cause they were doing it for Castro 
or something," and asked, "Do you see how anybody would do such a silly 
damn thing like that otherwise?" (p. 41) 

Petersen then told the President "there's one other item that I 
wouldn't put down." He said it became clear in the course of trial 
preparations that Hunt had received from the CIA certain documentation, 
the loan of a camera, and what have you. The President replied, "Yeah - 
yeah - yeah." Petersen continued that the prosecutors had asked the 
CIA and were told that the CIA was simply responding to a routine request 
from another government agency to help out Hunt who was on special assign- 
ment. The President told Petersen, "That was perfectly proper. He was 
conducting an investigation from the national security area for the White 
House at that point." The President asked whether they got bugging 
equipment from the CIA, and Petersen said they did not, that it was a 
camera, a voice disguiser, and credentials. Petersen said they were also 
told that the request for the camera came from Ehrlichman. The President 
asked whether it was relevant to this case. Petersen said it was relevant 
with respect to Ehrlichman and that the .question was did Ehrlichman facil- 
itate Hunt's obtaining equipment that was used in conjunction with the 
Watergate caper. The President asked if Petersen knew the time mode, and 
Petersen said that he would have to check the dates, that they had some 
pictures developed for him. (pp. 42-43) 

At this point, Ziegler entered the meeting. The President again 
asked Petersen about the Dean negotiations, and Petersen said that they 

-11- 



(1242) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SmiMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-3:25 P.M. MEETING 

were still wide open, that Dean had a tactical defense that he was an 
agent, who performed neutral acts which in the circumstances take on 
the trace of criminality, that he didn't have enough authority to 
countermand Hitchell or he told Haldeman who didn't countermand 
Mitchell, and that Dean was impotent in the circumstances. Petersen 
said that Dean's appeal would be much more sympathetic than that of 
the Cubans. He explained to the President that Dean did not say that 
unless they granted him Immunity he would attack everybody Including 
the President, but that his lawyer had said it in the course of nego- 
tiations, not as a threat, but as an explanation of what Dean's defense 
would be. The President asked whether Dean had testified that he was 
an agent for the President in any of this, and Petersen replied in the 
negative. "If he has, I need to know it." the President said. "(Inaudible) 
see Dean until a month ago. Never even saw him." Petersen said that that 
had great significance for the President's executive privilege argument 
with the congress, since the narrow construction of the doctrine was 
that it was applicable only to agents of the President and so to the 
extent the doctrine was invoked with Dean he was per se an agent. (pp. AA- 
A7) 

The President asked if all Dean wanted was immunity from 
indictment, and Petersen affirmed that it was. In response to the 
President's question. Petersen said they were prepared to give it to 
him. but "Iwle're not going to like it." It would be done, Petersen 
said, only as a last resort and only if they had other evidence that 
could be used to convict higher-ups. (p. A8) 

The President said. "You could use Dean on Mitchell -- that's 
the point." With Magruder. the President said, they had one man. and 

-12- 



(1243) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-3:25 P.M. MEETING 

he'd already lied once; with Dean they would have two, and If they got 
Llddy they would have three. Petersen agreed. The President asked if 
Petersen thought Immunity was a good decision. Petersen said he was 
pondering it, that he didn't want to make it because it would look 
terrible to immunize a ranking official like Dean, and they were still 
bargaining for a plea. The President asked what kind of plea they would 
be getting, and Petersen said that he was sure that Dean would want a 
plea that didn't disbar him and didn't want to plead at all. (pp. 49- 
50) 

The President then asked about the bargaining with Magruder, 
and Petersen said they were bargaining with him to determine a time but 
that it would not be that day because they had to see Senator Ervln and 
Judge Sirica first. (pp. 50-51) 

The President told Ziegler what Petersen suggested that they 
could say in their statement. The President said, "Henry agreed with 
me that the President should be out in front," and Petersen stated that 
that was the reason they were so insistent on seeing the President again 
the day before. The President, Petersen, and Ziegler discussed the 
possible content of the statement and the responses to press questions 
that might arise as a result of the statement. At the conclusion of 
this discussion, the President said, "I want them [the press] to know 
that since the 21st I've been working my tail off, which I have, — I 
~ I'm so sick of this thing. — I want to get it done with and over, and 
I don't want to hear about it again. Well I'll hear about it a lot, 
but I've got to run the country too." (pp. 51-63) 



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(1244) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-3:25 P.M. MEETING 

Ziegler left, and the President asked Petersen about Haldeman 
and Ehrlichman, saying that he understood that from a legal standpoint 
the case against them might be quite difficult to prove. Petersen said 
that was certainly true with respect to Ehrlichman, but that Haldeman 
and Dean were in a much more difficult position from the purely theoret- 
ical legal point of view if Strachan confirmed that he (apparently meaning 
Haldeman) got the budget report and that he gave Ehrlichman or Haldeman a 
summary of the intercepted conversations and if Dean testified that he 
told Haldeman about the second meeting in Mitchell's office where these 
things were discussed. (pp. 63-64) 

The President said that he had asked Dean that day if Haldeman, 
Ehrlichman, or Dean had any knowledge, and Dean had said no. The Presi- 
dent said Dean told him that he went to the meetings but thought they had 
turned it off. The President told Petersen that Dean said It was after- 
wards that both Haldeman and Ehrlichman had problems. (pp. 64-65) 

Petersen said Dean said in Mitchell's office that they should 
not be discussing this in the office of the Attorney General and maybe 
Dean figured that was turning off, but it didn't turn it off. Petersen 
said Dean went back to Haldeman and said we ought not be Involved In 
that, Haldeman said right, but so far as they could ascertain nobody did 
anything. The President said that it would be pretty hard to convict, 
just looking at Haldeman, Petersen agreed that it was a very difficult 
case because it rested on inaction; that it was a theoretical case with 
Haldeman, and with Ehrlichman next to nothing. The President said, "All 
except the deep six," but Petersen disagreed. He said that whether the 

-14- 



(1245) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-3:26 P.M. MEETING 

material was turned over to Gray was not especially germane but It was 
Important to determine whether or not Dean was telling the truth. The 
President said that if Gray got it, "the point is he doesn't have it 
now ... So he's flushed it." The President said Dean told him 
uniqulvocally, "and I believe Dean on that." (pp. 64-68) 

The President asked Petersen if the stuff out of the safe 
was not evidence, and whether they'd get after him (apparently Gray) 
for destruction of evidences Petersen replied that Hunt said there 
were two notebooks that were germane that were missing. Petersen told 
the President that Hunt testified immunized before the grand jury and 
gave unbelievable testimony about Dorothy Hunt and the ten thousand 
dollars she had with her at her death. Petersen said that he lied on 
that issue, and they would have to have him back. Petersen said that 
Bittman, Hunt's lawyer, had gotten $156,000 in fees and was very upset. 
The President asked, "Doesn't he know what the hell the (inaudible)? 
Does he think he was paid off? . . , Does he, Bittman, think that his 
fees ~ Hunt's (inaudible) the purpose of getting his client to — " 
Petersen replied, "Well I don't think he cares where his fee came from. 
That fee went in,," Petersen said that Bittman was concerned about 
McCord's allegations "based on (inaudible) Dorothy Hunt." (pp. 68-71) 

The President said that he would be concerned with whether 
there was a circumstantial problem as to whether Hunt might have told 
Colson. The President told Petersen that Colson said he had sworn under 
oath that he didn't know anything about it and that "[y]ou would have him 
on perjury." Petersen said that they didn't have any evidence about 
Colson. (pp. 71-72) 

-15- 



(1246) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 197 Z, 1:39-3:26 P.M. MEETim 

After a discussion about Murray Chotiner, (pp. 72-73) the 
President returned to the subject of Haldeman's involvement, and 
Petersen repeated that Strachan hadn't talked that morning and LaRue 
was due in the afternoon. The President asked Petersen's advice on 
Haldeman and Ehrlichman, saying that in his view they should resign 
"if they get splashed with this," but the point was the timing. The 
President told Petersen that he got their oral resignations the night 
before and they had said they wanted to go at any time. Petersen said 
that he thought they ought to resign right away because of the need for 
confidence in the office of the President, that it had nothing to do 
with guilt or innocence. Petersen said he was much more concerned about 
Ehrlichman than about Haldeman because they had much less about Ehrlich- 
man in terms of potential involvement. The deep six, Petersen said, 
went to the quality of the information, maybe it was trash and he said 
to get rid of it. The other thing was more sensitive. Petersen said 
that it is "a tremendously sensitive piece of information" that someone 
closely associated with the President told Hunt to get out of the country, 
although the orders were countermanded. If he were Ehrlichman, Petersen 
said, "I would feel like I had to go under the circumstances." (pp. 74- 
78) 

As to Haldeman, Petersen said he felt even more strongly, since 
Dean discussed it with Haldeman and Haldeman didn't say stop. The Presi- 
dent said that would not make Haldeman liable from a legal standpoint, 
since he didn't have the responsibility, although "from a public stand- 
point it's devastating." Petersen asked whether Haldeman had authority 
to act with respect to the budget proposals, and the President replied, 

-16- 



(1247) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 1:39-3:25 P.M. MEETING 

"No sir — none, none — all Mitchell — campaign funds. He had no 
authority whatever. 1 wouldn't let him Cinaudible) ." Petersen said 
that Haldeman had knowledge, but didn't act upon it, and that comes 
out as a misprision of a felony. Misprision, he explained, was a 
statute that was hardly ever enforced; "lyjou could put everybody in 
jail I suppose if you tried to," The President indicated that Dean 
had not told him that he discussed the budget proposal with Haldeman, 
and said, "Well I'll be damned!" (pp. 78-81) 

The President indicated that he would ask Bill Rogers for his 
judgment about Haldeman. He said, "I don't want Haldeman to go and 
then have to get (inaudible) and then have Ehrlichman go and get caught." 
He asked Petersen if they ought to go together, and Petersen said he 
thought they should because from the outside they were almost a team. 
The President said that it was a very close call, and the real question 
was whether to let Magruder strike the blow and then they go. Petersen 
said that this might be a terrible injustice to both of those men, and 
the President said that he was in a "pretty poor position to have them 
go before Dean goes." Petersen agreed, and the President asked whether 
it would jeopardize the prosecution to announce Dean's going that day. 
Petersen said that it could be announced, as long as the prosecution 
team could say that they did not recommend it. (pp. 82-84) 

The President said that he was "a little concerned about Dean's 
or his lawyers — that he's going to attack the President and so forth." 
Petersen said that he didn't think the President personally, but the 
Presidency as the Administration, because of Ehrlichman and Haldeman, 
might be "his guts poker in the course of negotiations." Petersen 

-17- 
(1248) 



63.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1972, 1:39-2:26 P.M. MEETING 

suggested that the President ask Dean specifically about reporting to 
Haldeman on the budget proposal, and the President said he would, 
(pp. 84-85) 

The President asked Petersen, "You've got to give [Dean] 
something don't you?" Petersen replied that they couldn't give him 
too much because it would impair his credibility and that was another 
factor, (p. 86) 

The President said that he would telephone Petersen at nine 
o'clock that night. (pp. 86-87) 



-18- 



(1249) 



6A. On April 16, 1973 from 3:27 to 4:04 p.m. the President met with 
John Ehrlichman and Ronald Ziegler. There was a discussion of the infor- 
mation furnished by Henry Petersen. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

64.1 President Nixon daily diary, April 16, 1973, 

Exhibit 21. j:n re Grand Jury . Misc. 47-73 1252 

64.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, John Ehrlichman and 

Ronald Ziegler, April 16, 1973, 3:27-4:04 p.m 1255 



(1251) 



64. 1 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 
IN BE GRAND JURY, MISC. 47-73 

" T'lTEsio^iTf Ricil.riu fiixo.rs daily diady 



rat u'litTHiiousi: 
wASiii;'JCT()N, n.c. 



1IMH 

I 



12:08 
8:1S 
3:26 

8:27 

8:29 
8:29 

9:2A 
9:50 

10:00 
10:50 

11:0A 
11:04 



12:23 
8:22 



9:24 

9:59 

10:40 
11:04 



11:11 



niuM 






fi 



:.An; '.•.(•< . I'li, Y: , 
APKII. 16, 1973 

riME o\Y 

12:08 a.ni. MONDAY 



fl i-^:^J. 



;/ 



AC IIVITV 



I'he President Calked with his Assistant, li . R. Haldecnan. 

Tlie President tal'ced v.'ith his Assistant, John D. Ehrlichnan. 

The President talked with his Special Assistant, Stephen B. 
Bull. 

The President telephoned Staff Assistant Thomas Hart. The 
call was not completed. 

The President went to the first floor private dining room. 

The President held a breakfast meeting with Speaker of the 
House Carl B. Albert (D-Oklahoma) . 

Tae President went to the Oval Office. 

The President met with: 
Mr. Ehrlichman 
Mr. Haldeman 

The President met with his Counsel, John W. Dean III. 

The President met with: 
Mr. Haldeman 
Mr. Ehrlichman 

The President, accompanied by Secretary of Labor Peter J. 
Brennan, went to the South Grounds of the UTiite House. 

The President and Secretary Brennan motored from the South 
Grounds of the ^^fhite House to the Washington Hilton Hotel. 

The President was greeted by Robert A. Georgine, Secretary- 
Treasurer of the Building and Construction Trades DeparcmenC 
of the AFL-CIO. 

The President went to the Cabinet Room in the Washington 
Hilton. He was acco:ipanied by: 
Secretary Brennan 
Mr. Georgine 



C'K. 



eneral presidents of union affiliates 
^mn^islng the Huildin^ :inJ Onstructio:i Trades -Deparcnent^^ 
f tlie AFL-CtO. lor a list oi nttenaees, soe .vPr^-n.X — A^_ 



The President groeti^d g 
c 
o 



/•^ 



/. 



^ 



/ 



-C . 



T 



(1252) 



64. 1 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 



.fHTE MfJUSF 



PHESIOENT l?ICIIARD MIXOM'S DAILY UlAf^Y 



■I U I l)\'<' hi t./\>. 

I'lii: wiCTi: iiousH 
\.'As;i[xi;T():-;, ft.c. 



i" li ■•; I,,-, v.- I 
.••."iU!. In , 197: 
IIMC li\Y 

II : 1 L T.m. :\ix:r>\\ 



11:48 

11:57 

12:00 
12:31 



12:40 



12:58 
1:38 

1:30 



11:55 

12:31 
12:39 



riiiiST 



12:57 



1:37 



3:25 



Tho President addressed delegates attending the Kational 
Lefiislacive and Satetv Conference of the Building and 
Construction Trades Department of the AFL-CIO. For a 
list of head table guests, see APPEXDIX "B." 
Members of the press, in/out 
Wiite House photographer, in/out 

The President returned to his limousine. He was accompanied by 
Secretary Brennan 
Mr. Georgine 
Wiite House photographer, in/out 

The President motored from the Washington Hilton Hotel to the 
South Grounds of the VJhite House. 

The President returned to the Oval Office. 

The President met with Mr. Haldeman. 

The President met with: 

Dr. John Xorris, retired Associate Medical Director of 
Eastman-Kodak and Chairman of the Board of Trustees 
of Alcoholics Anonymous (AA) 
Robert Hitchins, General Manager of AA General Service 

Office 
Tom Pike, member of the National Advisory Council on 

Alcoholism 
Caspar U'. Weinberger, Secretary of HEW 
James H. Cavanaugh, Staff Assistant 
^^/hite House photographer, in/out 
The President received the one millionth copy of the 
"Alcoholics Anonymous" book. 

The President met with: 

Roy D. Hickman, President of Rotary International 

\-l . Richard Howard, Special Assistant 

UTiite House nhotographer , in/out 
Mr. Hickman presented the President with the Paul Harris 
Fellow Award in recognition of the President's efforts to 
promote world understanding. 

The President met with his Press Secretary, Ronald L. Ziegler. 

Tlie President went to liis office in the EOB . 

Hie President met with: 

Henry i:. 'eter'.en. Assistant Attorney General ■ ' ^ 
'Ir. '/'iesiler 



(1253) 



35-904 O - 74 - pt. 3 -- 12 



r 



64.1 PRESIDENT NIXON DAILY DIARY. APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 

^^■'.■■•"■i P. vioiL-'Mf r;c;;,.;<o rii;;orrs daily ci.-^y 

I- I li r , r. ! L.I 1-, -1 A. I,,.-, I 

, I |)^^ hi (.AN I , 



/ 


ITi; ilOL'SI-; 




Ai'!;Li. io , 1973 


'..'a:;;!i:; 


vim:;, I). 


*:• 2:ij -i.n. ;v.•:^)^v ' 


1 1 \n; 


I'llOM; 

;' pi,.t,l 

11 Hi, .,>..! 


AC riVITY 


In 


Out 


I^ 


1 1) 




2:19 




P 




The President requested that Mr. Zleglcr join him. 


3:25 


3:26 


P 




The President tallied with Mr. Ziegler. 










The President met with: 


- 3:27 


4:02 






Mr. Ehrlichman 


3:35 


4:04 






Mr. Ziegler 


4:04 


4:05 


P 




The President talked with his Counsel, John W. Dean III. 


4:05 


4:06 






The President met with Mr. Bull. 


4:07 


4:35 






The President met with Mr. Dean. 


4:42 


4:43 


P 




The President talked with his daughter, Julie. 
The President met with: 


4:55 


6:01 






William P. Rogers, Secretary of State 


5:45 


6:01 






Mr. Ziegler 


6:01 








The President and Secretary Rogers went to West Executive 
Avenue . 


6:01 


6:10 






The President and Secretary Rogers motored fron West Executive 
Avenue to Pier One of the Washington Nav\' Yard. 


6:15 


8:28 






The President went boating on the Sequoia with Secretary 
Rogers. 


7:20 








The President and Secretary Rogers had dinner on board. 


8:28 








The Sequoia docked at Pier One of the Washington X'avy Yard. 


8:32 


8:41 






The President motored from the Washington Nav>- Yard to the 
South Grounds of the White House. 


8:42 








The President returned to his office in the EOB. 


8:45 




P 




The President telephoned Mr. Ehrlichman. The call was not 
completed. 


8:58 


9:14 


P 




The President talked with Mr. Petersen. 


9:24 








Ihe President rorurned to the second floor Residence. 


9:27 


9:49 


1', 




■ITu' Pi-i^sident tnllu^d with "-Ir. EhrUchman. 










i:ii/SM/.l|-) 



(1254) 



64.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1972, 2:27-4:04 P.M. MEETING 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
April 16, 1973. 3:27 p.m. to 4:04 p.m. 

On April 16, 1973 the President met with John Ehrlichman in his 
EOB office from 3:27 to 4:04 p.m. Ronald Ziegler was present for 
part of the meeting. 

The President told Ehrlichman that Gray denied to Petersen that 
he ever got the bundle. "Oh, he's dumb," said the President. (p. 1) 

Ehrlichman said that Dean had informed Liddy that Hunt should leave 
the country. The President asked Ehrlichman, "But you warned him didn't 
you?" and Ehrlichman replied, "Sure did." The President asked, "You 
didn't see it?" Ehrlichman replied that he didn't know what was in 
it; as far as he knew, it could have been shredded newspaper. Dean 
would say what he put in it, Ehrlichman told the President. Dean, 
he said, arrived at his office with a scotch-taped, sealed big envelope 
and handed it to Gray. He thought Dean had told him that it was the 
contents of the safe before Gray got there, Ehrlichman said, but he 
could not be sure. In any '^.vent, Ehrlichman said, he knew what it 
purported to be. In response to a question from the President, 
Ehrlichman said he didn't know when Gray was told it was not really 
Watergate material, but it might have been in Ehrlichman 's presence. 
Ehrlichman said he didn't have any reason to doubt Gray's statement 
that he had been told, but Ehrlichman could not swear that he heard it 
said. It might be his (apparently Gray's) story, Ehrlichman said, that he 
opened it and it was full of paper napkins. But if Gray said that 
he was not in Ehrlichman 's office and did not receive a big manila en- 
velope from Dean, Ehrlichman said he would have to dispute that. (pp. 1-2) 



(1255) 



64.2 HOUSE JUDICIARY COmUTTEE STAFF SUMIARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRI 16, 1973, 3:27-4:04 P.M. MEETING 

-2- 

The President asked if he (apparently Dean) had testified to that, 

and Ehrlichman said that he had told the U.S. Attorney that he gave 

Gray an envelope that was the contents of the Hunt safe. (p. 3) 

Ehrlichman told the President that Dick Howard had just got a 

subpoena from the Grand Jury. The FBI agent who called to tell Howard 

he was coming over to serve the subpoena said Howard might want to talk 

to Dean to get advice while the agent was on his way. The President 

asked if Howard had talked to Dean. Ehrlichman replied, "No, fortunately, 

he talked to Colson." Ehrlichman said he had told Colson that "Dean 

was over the hill, cautioned him." Colson, Ehrlichman told the 

President, said, "Boy, you got an outpost over there. Well, U.S. 

Attorney's having the FBI agents send everybody a subpoena -- go talk 

to Dean." Ehrlichman said that "they'd like Dean to sit there and 

listen to every guy's story and then call over and let them know 

what's going on." Ehrlichman cautioned the President that it was 

"certainly improper for /_Dean/ to be counselling any of our people." 

The President said he had to talk to Dean, that "He's got to quit 

counselling anybody right now." (pp. 3-4) 

The President said to Ehrlichman, "I'm not asking you to make 

up any story, but I'm just simply saying, I just can't -- damned 

dumb Gray, Director of the FBI in the position of having two White 

House people say he got an envelope and he doesn't remember it." The 

President said he heard that Ehrlichman had talked to Gray and asked 

what Gray said to him the preceding night. Ehrlichman said he told 

Gray what Dean was saying and Gray said he can't say that. Ehrlichman 



(1256) 



64.2 HOUSE JUDICIARY COmHTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 197Z, 2:27-4:04 P.M. MEETING 

-3- 



told Gray he already had, and Gray said, I destroyed It. Ehrllchman 
told the President, "Well, that's it. You know, that's pretty tough 
(unintelligible) if he doesn't now." (pp. 4-5) 

Ehrlichman then said that Strachan had been questioned by the 
prosecutors and, despite considerable fencing, he refused to discuss 
the matter and was excused by the prosecutor. Ehrlichman told the 
President he must not say anything to anybody about this because 
Ehrlichman supposed Strachan was not supposed to call him. The 
President said, "Yeah, I don't." Strachan called to get advice, 
Ehrlichman said. Strachan said they really worked him over, said 
stuff such as, "Listen, Strachan, you're going to jail; think about your 
wife, think about your baby and how would you like to be disbarred." 
The President said he knew they were going to work Strachan over 
and asked whether Strachan had asked for a lawyer. Ehrlichman replied, 
no, but they had asked Strachan to get a lawyer and kept stressing it. 
Ehrlichman said he thought what they were doing was "setting [Strachan] 
up for (unintelligible)." (pp. 5-6) 

The President then said, "That safe John, something about the 
damned notebooks — he said, notebook." Ehrlichman said he knew. The 
President asked, "And there were?" Ehrlichman said he honestly did not 
know . (p . 6 ) 

The President said, "That's your only vulnerability, John." 
Ehrlichman said, "Deep six and the FBI business and Llddy." He then 
said it was interesting that Dean would take his remark about Liddy and 
act on it. But apparently they did not leave, the President said, 
you were discussing it. The President told Ehrlichman that he "tried 



(1257) 



64.2 HOUSE JUDICIARY COhMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1975, 3:27-4:04 P.M. MEETING 



to tell Petersen, 'Well, look, I can imagine them having a discussion 
— ' he said, 'He ought to leave the country — maybe we ought to deep 
six it.'" And, the President said, "You didn't do any of those things." 
(pp. 6-7) 

Ziegler then entered. In response to a question from the President, 
Ziegler said he had talked to Moore and Chapman Rose, and they were 
both against it. The President said: "We just won't try to get out 
in front. . . .[W]e've gotten into enough trouble by saying nothing so 
we'll say nothing today." The President said "thank God" they had 
never made any public statements previously, (pp. 7-8) 

The President told Ehrllchman that he had an understanding with 
Petersen. Petersen wanted them to move first, but the President 
said not before Magruder pleads. In any event, the President said, "we're 
going to have to wait for the Magruder thing. The point is you've got 
the vjhole record." (p. 8) 

Ziegler said Rose's point was that the President was too closely 
tied in as an investigator, involved in knowledge and awareness of the 
Grand Jury proceedings, which could affect the direction of those 
proceedings. The President said, "Well, all the facts are going to 
show just otherwise when it comes out." (pp. 9-10) 

The President said to Ehrlichman that he had asked that day about 
Magruder and the prosecutors did not have the deal with him yet because 
Magruder' s attorneys insisted on something with Ervin and something 
with Sirica. Magruder, the President said, "wants to go to the D.C. Jail 
(unintelligible) in there," and they hadn't worked that out yet. (p. 10) 



(1258) 



64.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 16, 1973, 3:27-4:04 P.M. MEETING 

-5- 

The President said that he asked about the timing on Dean, but 
they did not have a deal on him. The President said Dean's lawyer made an 
interesting comment, saying, "Dean shouldn't do anything to upset the 
unmaking of Haldeman and Ehrlichman and Mitchell, and if they don't get 
immunity they're going to try this Administration and the President." 
The President continued that Petersen said that was quite common; every- 
body shouts to everybody. "After all, the business of the — about the 
Dean report, why end it that way? Dean will stick to the position," 
the President said. "You know, he did make some movement on his own 
in this thing." The President said that he'd asked Dean a specific 
question: "Haldeman/Ehrlichman, did they know in advance?" and he said, 
"No." The President said, after a second meeting Dean saw Haldeman and 
told him they ought not be in this, and Haldeman agreed. The President 
told Ehrlichman that he had said, "Well what's wrong with that," and 
he said, "Well, Haldeman by failing to act — " Ehrlichman said, "That 
is true. . . . Dean states Haldeman agreed, but apparently no initiating 
of any instructions." (pp. 10-11) 

The President responded, "Right," and continued that he (the 
President) had said, "Well how could he act? He wasn't in charge of 

the campaign He had no responsibility at all. The campaign 

was totally out of the White House." But, the President said, he 
supposed what he meant by that was that Haldeman should have called 
Mitchell and told him to knock it off. The President ascced if that 
was what they were saying and what Haldeman said to that sort of thing, 
(p. 11) 



(1259) 



64.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 2:27-4:04 P.M. MEETItJG 

-5- 

Ehrlichman said, "That's hard to get around, understand, because . 
Dean's story, consistently, has been that at every one of those meetings, 
the plan was disapproved by Mitchell." Ehrlichman asked why there 
was a failure to act when everything was disapproved; "They need two 
disapprovals in order to make it stick?" The President said, "That's 
what I was going to say, but — ." Ehrlichman said he guessed he didn't 
know enough about it. "I'd sure like to see us come out sometime, 
and I suppose it has to be at a time that Magruder makes his deal,'' said 
Ehrlichman. (pp. 11-13) 

The President said that he had Petersen "on a short leash" and told 
Ziegler to keep that statement regardless and get "this factual thing 
that John has worked up for you" because "we've got to be ready to go 
on that instantly. We may go it today. We will survive it." (p. 13) 

Ehrlichman then brought up the Ervin Committee rules, telling 
the President "['t]hey adopted an awful lot of my stuff." Ehrlichman 
said the committee rule on television was a very odd one, and a 
discussion ensued concerning whether this rule permitted the networks 
to tape the testimony or only carry it live. The President asked, 
"Do you believe it would be at all helpful to be forthcoming with 
Ervin then?" Ehrlichman said that there was little left to argue 
about except television, and "we could say we interpret this to mean 
unless the television is live, there won't be any and that's satis- 
factory to us" and "get the jump on them that way." Ehrlichman said 
they could let the committee come back and say they meant it could 
be taped, and then "we'll come back and say, 'Well, that isn't 
satisfactory.'" By that time, Ehrlichman said, they'd be in recess 



(1260) 



64.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 3:27-4:04 P.M. MEETING 

-7- 
and it would be hung up until they got back. The President said 
"we had to, you know, before it comes from the Ervin Committee. 
But I don't think before it comes to the Ervin Committee it's going 
to amount to a damn in the next four weeks." (pp. 14-17) 

Ehrlichman told Ziegler that what he should say is "we intend 
to avail ourselves fully of the ground rule that permits the use of 
executive session" and the majority of White House witnesses would 
request executive sessions. Then, Ehrlichman said, "what we've done 
is gone to our high ground," and the President agreed. Ehrlcihman 
continued, "And let them pull us off." (p. 17) 

It was agreed that the announcement on the Ervin Committee 
would be made the following day, after Ehrlichman had talked with 
Senator Baker. (pp. 18-19) 

The President and Ehrlichman then asked Ziegler about Rose. The 
President asked, "Do they realize that I've got to make this general 
announcement before the Magruder thing comes up?" Ehrlichman asked, 
"[D]oes he fear the President will look like he's interferring with 
the Grand Jury?" Ziegler replied, "No, it's a quote," about the 
President being investigator. Ehrlichman said the President's contacts 
were a matter of record, pnd the President agreed and indicated that 
he did not agree with Rose on that point. Ehrlichman said that the 
point was moot, that it was the President's only recourse. "That was it," 
the President said. "I wouldn't worry about that (unintelligible). 
See, he's thinking as a lawyer. They probably like to see the 
President (unintelligible) this damned thing." (pp. 19-20) 



(1261) 



64.2 HOUSE JUDICIARY COMMITTEE STAFF SUM14AEY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1973, 3:27-4:04 P.M. MEETING 



- 8 - 

The President asked Ehrlichman for his view about a statement, 
and Ehrlichman replied that he didn't want it that night, "but I'd 
sure like to see you go full breast on it tomorrow" because on 
Wednesday they would be saturating the press with the energy message, 
(pp. 20-21) 

The President said, "We'll see how they get along with their 
negotiations." Ehrlichman said that it seemed to him they were "hard- 
nosing these negotiations" and that Dean "doesn't really give them 
all that much." Ehrlichman asked, "But what is, what is that he can 
say? You stop and figure." The President said: "That he's informed 
the President and the President didn't act? He can't say that can he? 
I don't think, I've been asking for his damned report, you know." 
Ehrlichman said that "he comes up with a hell of a lot of egg on 
his face." (pp. 21-22) 

The President told Ehrlichman, "I think he blames ~ he would 
blame you and Haldeman." Ehrlichman replied, "Well, he's going to 
have a little trouble with that"; the President said, "Is he? Good." 
(p. 22) 

Ehrlichman said he had put his log together and he had seen him 
(Dean) on the average of five times a month since the Watergate break- 
in, seen none of his memos routinely, and did not supervise any of 
his work, so "he's going to have a tough time making that stick." 
And, Ehrlichman said, some of the meetings were on the President's 
estate plan, some were on the library, and some on the leak scandal, 
so he had not seem him five times a month on Watergate. (pp. 22-23) 



(1262) 



64.2 HOUSE JUDICIARY COmiTTEE STAFF SUMMRY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 197 Z, S :27-4 : 04 P ,M. MEETING 

-9- 

Ziegler asked the President if he wanted to meet Garment for 
five minutes before he saw Rogers. The President said no, he would 
have to put that off. He asked Ziegler if it was right that Garment 
wanted Haldeman, Ehrlichman and Dean to resign however the case 
broke; Ziegler indicated that it was. The President told Ziegler 
to tell Garment that the President was "just in the middle of this 
thing" and was "thinking along those lines," but couldn't act today 
because he had been told by Petersen that it would jeopardize 
the prosecution and the rightsof the defendants. The President 
said, "If the President (unintelligible) it -./ill tip a lot of others 
off that they are working on at the present time, and that I had put 
the pressure on to get this so that I can be (unintelligible) And 
I have in mind all those options." The President said to tell Garment 
that he met with Ehrlichman, Haldeman and Dean and discussed the 
problem and that he wanted to think about it and then talk to Garment. 
The President said he would like to have Garment's statement by 
six o'clock, when he was to meet Rogers. The President said to tell 
him that the President had been meeting with Petersen and could not 
act today, "but I'll be ready to do something quite soon." Ziegler 
replied, "Good," and the President concluded, "Don't tell him about 
it." (pp. 23-27) 



(1263) 



65. On April 16, 1973 from 4:07 to 4:35 p.m. the President met with 
John Dean. The following is an index to certain of the subjects discussed 
during that conversation: 

TRANSCRIPT PAGE 



Presidential statement in regard 

to Watergate. 1-3, 15, 18, 26 

Haldeman, Ehrlichman and Dean's 
continued presence on the White 
House staff. 3-7, 24-25 

Magruder's negotiations with the 

U. S. Attorneys. 8, 16-17 

President's statement to Dean to 

tell the truth. 10 

Dean's proposed testimony before 

the grand jury in regard to the 

issue of Haldeman 's prior knowledge 

of the DNC break- in. 10-15 

Possible discovery of Hunt and Liddy's 

involvement in the Fielding break- in. 20-21 

Senate Select Committee and the 
failure of "containment" during 
the past nine months. 22-24 



(1265) 



Page 

65.1 President Nixon daily diary, April 16, 1973, 

Ejdiibit 21, In re Grand Jury . Misc. A7-73 1267 

65.2 Letter from John Dean to the President, 

April 16, 1973, SSC Erfiibit No. 34-50, 3 SSC 1316 1270 

65.3 Tape recording of a conversation between the 
President and John Dean, April 16, 1973, 4:07 - 
4:35 p.m., and House Judiciary Committee 

transcript thereof 1271 



(1266) 



66.1 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 



r'i;Ef,ii)c:if r;ii:i;,.r;tj nixoii's daily diary 



r7i M L l)\^ I'll. A.N : ^-.^ C ..- . . .. ;»Ml '■■'•- l>'> Vi 1 

/ . : GOV.: ■.;,■.■.:.;- APKII. 16, 19 7 3 
■niE WllfTKIiin.'Si; H \-^;)-l\''--^'> n-.it nvy 
WASHTNCTii::, n.C. fi l';/-^ |i -^•?- 12:0H a.n. HOSDAY | 


HMt 
In Qui 


rtl 
I' 

K H 

In 


( I) 




12:0S 


12:23 


P 




the President Calked with his Assistant , 11. R. lialdeman. 


8:18 


8:22 


P 




Tlie President talked v'ith his Assistant, John D. Ehrlichman. 


8:26 




P 




The President talked with his Special Assistant, Steohen B. 
Bull. 


8:27 




P 




The President telephoned Staff Assistant Thomas Hart. The 
call was not completed. 


8:29 








The President went to the first floor private dining room. 


8:29 


9:24 






The President held a breakfast nieeclng with Speaker of the 
House Carl B. Albert (D-Oklalioir.a) . 


9:24 








Tne President went to the Oval Office. 


9:jO 


9:59 






The President 'met with: 
Mr. Ehrlichman 
Mr. Haldeman 


10:00 


10:40 






The President met with his Counsel, John W. Dean III. 


10:50 


11:04 






The President met with: 
Mr. Haldeman 
Mr. Ehrlichman 


11:04 








The President, accompanied by Secretary of Labor Peter J. 
Brennan, went to the South Grounds of the Miite House. 


11:04 


11:11 


( 




The President and Secretary Brennan motored from the South 
Grounds of the Ifnite House to the Washington Hilton Hotel. 

The President was greeted by Robert A. Georgine, Secretary- 
Treasurer of the Building and Construction Trades Department 
of the AFL-CIO. 

The President went to the Cabinet Room in the Washington 
Hilton. He was accompanied by: 
Secretary Brennan 
Mr. Georgine 

The President greeted general prosiJenCs of union affiliates 
comprisin;; tiie lluildinc; .and Construction Trades Department 
of the AFL-CIO. lor a list of attendeo.s. see A!'rr\niX "A." 



(1267) 



6S,1 PnESIDEiJT NIXON DAILY DURY, APRIL IS, 1973. EXHIBIT SI 
IN RE GRAND JURY. mSC. 47-73 ' 



.Mirt Mousf PRESIDENT RICHARD MIXOiTS DAILY OIARY 


n \i 1 IIAV III C.A.N :••'! iM. I'lv. Y( I 


:.-'l\il. J6, 1973 


Tin: WMfTi; IIOUSK nvt |,^Y 


V.'A.^iifNCTON', n.C. 11:11 p.n. .-'.('^n.W 


r(\ii. 


I'liu.SF 
K .7...ive.l 


At ii\irv 


In 


Out 


1.. 


,D 












Tl\^' PresiJeiit acldres.scd tdslegates attending the National 










Legislative and Satetv Confercace of the Building and 










Construction Tra<lcs Department of the AFL-CIO. For a 










list of head table guests, sec APPENDIX "B." 


Members of the press, in/out 










Ifliite House photographer, in/ouC 










The President returned to his limousine. He was accompanied by: 










Secretary Brennan 










.'■!r. Georgine 










Miite House photographer, in/out 


U:A8 


11:55 






The President notored from the U'ashingto- Hilton Hotel to the 
South Grounds of the UHiite House. 


11:57 








The President returned to the Oval Office. 


12:00 


12:31 






The President met with Mr. Haldeman. 


12:31 


12:39 






The President met with: 

Dr. John N"orris, retired .Associate Medical Director of 
Eastman-Kodak and Chairman of the Board of Trustees 
of Alcoholics .\noayn;ous (A.A) 
Robert Hitchins, General Manager of AA General Service 

Office 
Tom Pike, member of the Xational Adviscry Council on 

Alcoholism 
Caspar V.'. l-.'einberger. Secretary of HEW 
James H. Cavanaugli, Staff Assistant 
IChite House photographer, in/out 
The President received the one millionth copy of the 
"Alcoholics Anonymous" book. 


12:40 


12:57 






The President met with: 

Roy D. Hickman, President of Rotary International 

V.'. Richard Howard, Special Assistant 

Wiite House Photographer, in/out 
Mr. Hickman presented the President with the Paul Harris 
Fellow .Award in rcco.cnition of the President's efforts to 
promote world understanding. 


12:58 


1:37 






The President met witli his Press Secretary, Ronald L. Ziegler. 


1:38 








Ilie President went to his office in the EOB. 

Ihf President met witii: ^ 
Henry i:. 'eLer^.en, Assistant Attorney General /I^O 


1:39 


3:25 






2:2 5 


2:52 






Mr. Ziegler 



(1268) 



65.1 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 



rrc3iL^';n n;;,;i,.i(j t;i,:o;i';i daily uia:?y 

. I I..W. r. ! (... iM-.-i ,A.i...-,i 



r 



lUU v.:\vu: housi; 
wAiJiiiNin'ON, II. i: 



\ 

2:< 1 :>.n. ;; liOAV 



IIMF. 
la I Our 



2:19 
3:25 



3:27 
3:35 

4:04 



4-05 
07 
4:42 



E' 



4:55 
5:45 

6:01 



6:01 



8:42 
8:45 



27 



3:26 

4:02 
4:04 

4:05 

4:06 

4:35 

4:43 



6:01 
6:01 



6:10 



6:15 8:28 

7:20 
8:28 
8:32 



8:41 



9:14 



9:44 



The President requested that Mr. Zicjler join hin. 

The President talked v;ith Mr. Ziegler. 

Tlie President met with: 
Mr. Ehrlichman 
Mr. Ziegler 

The President talked with his Counsel, John '.■;. Dean III. 

The President raet with Mr. Bull. 

The President met with Mr. Dean. 

The Preside-t talked with his daughter, Julie. 

The President net with: 

William P. Rogers, Secretary of State 
Mr. Ziegler 

The President and Secretary Rogers went Co Uest E;<ecutive 
Avenue . 

The President and Secretary Rogers raotored froa West Executive 
Avenue to Pier One of the Washington Kavy Yard. 

The President went boating on the Sequo ia with Secretary 
Rogers . 

The President and Secretary Rogers had dinner on board. 

The Sequoia docked at Pier One of the Washington Kav>- Yard. 

Tlie President raotored from the Washington Na%->- Yard to the 
South Grounds of the White House. 

The President returned to his office in the E03. 

The President telephoned Mr. Ehrlichman. The call was not 
completed . 

The President talked with Mr. Petersen. 

The Presi.lent rorurned to the second floor Residence. 

T.ie Piesident talked with Mr. El-.r L ielun.m . 



i:ii/S'I/,m 



35-904 O - 74 - pt. 



(1269) 



"'•' ffscYL'""''' "''''" ''■ "''■ ^^'^ ^'^TSiT m. z4.eo. 



1316 

EXHTBIT No. 34-50 

THE WHITE HOUSE 

WAS H I N GTO N 



April 16, 1973 



Dear Mr. President: 

You have informed me that Bob Haldeman and 
John Ehrlichman have verbally tendered their 
requests to be given an imrrtediate and indefinite 
leave of absence from your staff. By this letter 
I also wish to confirm my similar request that I 
be given such a leave of absence from the staff. 

Sincerely, 



John W. Dean, in 
Counsel to the President 



Honorable Richard Nixon 

The President of the United States 

The Wliite House 

Washington, D. C. 20500 



(1270) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 

TRANSCRIPT PREPARED BY THE IMPEACHMENT INQUIRY 
STAFF FOR THE HOUSE JUDICIARY COMMITTEE OF A 
RECORDING OF A MEETING BETWEEN THE PRESIDENT 
AND JOHN DEAN IN THE PRESIDENT'S EOB OFFICE ON 
APRIL 16, 1973 FROM 4:07 TO 4:35 P.M. 



PRESIDENT : 



Hi, John. 



DEAN: 



Yes, sir. 



PRESIDENT: 



Well, did you have a busy day? 



DEAN: 



Yeah, I've been, uh, spent most of the day on trying 
to put together a statement — I think that you 
could come out. Apparently some other people have 
done the working — 



PRESIDENT : 



[Unintelligible] 



DEAN: 



[Unintelligible] I have been working with them. 
Apparently we're all kind of drivin[», at the san\e 
point. Uh, 



PRESIDENT: 



Yeah. 



DEAN: 



I was working on a draft when you called. 



PRESIDENT: Good. I've got to see Rogers in two or three minutes, 
so, uh [unintelligible]. Thought weM have it ready 
for [unintelligible] for Christ's sakes when I haven, t 
heard . 



(1271) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 



DEAN: 



PRESIDENT: 



Uh, I, I think I was — calling Dick Moore in on 
it, 'cause Dick has been working 

Good. 



DEAN: 



on some of these others 



PRESIDENT: Good. 

DEAN: and, uh — 

PRESIDENT: What would be best, rather than give it in a few 
pieces though, why don't you, uh — 

DEAN: Put one together. 

PRESIDENT: All right. 

DEAN: It's got a strong thrust. It puts you way out front. 

PRESIDENT: [Unintelligible]. You get, finally get the lead state- 
ment out of it. 

DEAN: Well, this is, this is the, there's a tough question 

in here that I'd really like to drive it home, 

PRESIDENT: Yeah sure. 



DEAN: is the degree of biting the bullet right at this hour. 

Now there's one paragraph — 

PRESIDENT: There are the questions of timing. 

DEAN: Questions of timing, but there's just also the question 

of — I have one paragraph in here where it says what 
you're doir.g as a result of what's come to your atLcutior. 



-2- 



(1272) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 

and some of it goes to the Petersen thing and, and the 
fact — 

PRESIDENT: • Uh huh. Uh huh. 

DEAN: One of the points is that you've advised all members of 

the White House Staff who'll be called before the Grand 
Jury that, effective Immediately, they'll be on adminis- 
trative leave until such time as the Grand Jury completes 
its work. Now here's the, uh, 

PRESIDENT: Um huh. 

DEAN: tough paragraph, if you go this far: "In this connec- 
tion, I have not even spared in this decision my closest 
staff advisors and included in this action are H. R. 
Haldeman, Assistant to the President, John Ehrlichman, 
Assistant to the President for Domestic Affairs, and 
John Dean, Counsel to the President." 

PRESIDENT: Um huh. 

DEAN: Now, you can do that or you can leave that out and let 

them guess who is on administrative leave. 

PRESIDENT: Anybody called before the (grand Jury. 

DEAN: That's right. 

PRESIDENT: [Unintelligible] 

-3- 



(1273) 



65.3 TRANSCEIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 
DEAN: [unintelligible] that no man — 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



PRESIDENT: 



DEAN: 



bite the, the bullet on, uh, Dean, Haldeman, and 
Ehrlichman. So then — now the other thing — the 
Garment line. Have you talked to Len? 

No , I haven ' t . 

Well, I'd like you to talk with him. 

All right. 

His line, he says that — particularly Ehrlichman. 

I have a, I have a — 

Say he should just resign, right now. But the trouble 
with that is that I just don't think Petersen — Here's 
— Petersen says, incidentally, on your letter, he thinks 
it's probably better, just better to get the letter, to 
get a letter in hand, to get the, to get where you 
can sit down, uh, and I said, "Well, uh, what, what 
do you think about it?" I, I — He said, "There's 
still negotiating with your attorneys." 

Urn huh. 



-4r. 



(1274) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. mETING 
PRESIDENT: And I said, well, I don't want to do anything to [unin- 
telligible] negotiation or jeopardize the rights [unin- 
telligible] defendant. He feels that the, that [unin- 
telligible] wasn't clear, but he is not reconnnending it. 



DEAN: 



Urn huh. 



PRESIDENT: [Unintelligible]. Ke says, stand clear. However, of 
the probable prosecution, that it would not be harraful 
to an individual, you Ijiow, if, if we had the resigna- 
tions in hand, so at least, you know [unintelligible] I 
put them on leave, for [unintelligible]. 



DEAN: 



Um huh. 



PRESIDENT: 



Well there you have 
let me 



Well you have — Let me s — , 



DEAN: 



Well, 



PRESIDENT: see what you had in mind. 



DEAN: 



I have, 



PRESIDENT: Let's just talk about it. 



DEAN: 



I have a letter, uh 



PRESIDENT: [Unintelligible] so bad [unintelligible] a letter. 



DEAN: 



Uh, to — what I thought, I thought was fair. 



(1275) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 
PRESIDENT: Fair to everybody? 



DEAN: 



Fair to everybody. 



PRESIDENT: This is for getting lunintelligible] ? 



DEAN: 



Any of the critics, yeah, I, I, I wrote, uh, uh, "Dear 
Mr. President: You informed me that Bob Haldeman and 
John Ehrlichman have verbally tendered their request 
to give them immediate and indefinite leave of absence 
from the staff. So I declare I wish also to confirm 
my similar request that I be given such a leave of 
absence from the staff." This doesn't raise anything. 



PRESIDENT: [Unintelligible] nothing. 



DEAN: 



Well, uh, no I, I think that, uh — 



PRESIDENT: I'm just lunintelligible] 



DEAN: 



I think, there is the problem 



PRESIDENT: You don't want to go if they stay. 



DEAN: 



There is a problem for you of the scapegoat the — , theory. 



PRESIDENT: Making use of it? 



DEAN: 



That's right. That's right. 



PRESIDENT: Like Magruder's been a scapegoat for Mitchell. 



-6- 



(1276) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. t-XETING 

DEAN: That's right. Uh, you know, everybody who is 

appearing before the Grand Jury. Who — This 
does not impute guilt to anybody. Uh — 

PRESIDENT: Put it this way, I think rather than Leonard's 
[unintelligible] 

DEAN: [Clears throat] 

PRESIDENT: And the truth of the matter, uh [unintelligible] 

trouble before [unintelligible]. Yes, I guess that, 
I can say that, that, that I, that you are — "You" 
is not a polite word. You've [unintelligible] re- 
sponsibility. V'e orally have, we orally have said that 



DEAN: 



That's right. 



PRESIDENT: in this case, and that, uh — 

DEAN: The only man you're dealing with is Petersen. The 

only role I have is to help fill in any information 
I can 

PRESIDENT: Yeah. 

DEAN: to deal with the, the public relations of the problem, 

so that, you know, you know what — 



(1277) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. FETING 

PRESIDENT: But you covild say, you could say, defin±tely, John you 
could say, "The President talked to me about it. He 
said [unintelligible] till it cleared up." 

DEAN : Right . 

PRESIDENT: And, uh [unintelligible] I don't know that the [unintelli- 
gible] will end. And [unintelligible] Haldeman. 

DEAN: [Unintelligible] unnecessary. 



PRESIDENT: 



DEAN: 



PRESIDENT: 



And that goes out ahead of, frankly the Magrudei^Mitchell 
head-chop business . 



That 



's right; what's the timing on that? Do you know? 



Yeahs we haven't made a deal with — vre haven't made — - any 
a deal with Kagruder, uh, or Magruder's lawyers yet. 
Magruder is bearing in tight on the Ervin Coranittee and 
on Sirica. [Unintelligible] Kaig. I mean, I, and I've 
asked you 

DEAN : Right . 

PRESIDENT: from tiiae to time your judgments, and 1 may asK Ehrlichman 
about this or that. But I meant — I, I don't want him to, 
I don't want him to talK to anybody else, except, you know. 



-8- 



(1278) 



DEAN: 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 
except when preparing this sort of thing. 

Right . 



PRESIDENT: But I mean, uh, other, sort of, people that 



DEAN: 



DEAN: 



PRESIDENT: 



DEAN: 



DEAN: 



'Im not doing any Investigative work 



PRESIDENT: Well, that's what I — people 



That's right. 

should not come in to tell you that [unintelligible] 
go before the Grand Jury, for Christ's sakes, or tae 
Attorney General. 

And I've turned that off, essentially three weeks ago. 
[Unintelligible] 



PRESIDENT: Good. [Unintelligible] three weeks, anyway, have you? 



No sir. 



PRESIDENT: Have then realize: March twenty-first, ^'e've got to 
go chec!; back and see [unintelligible] 

DEAN: [Unintelligible] assess the overall problem for the 

White House. [Unintelligible] technical problems. 



-9- 



(1279) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 

PRESIDENT: Yes, yes, yes, yes, yes. He thinks that, uh 

[unintelligible]. What kind of a problem [unin- 
telligible] and Haldeman have. 



DEAN: 



I think the thought of having — being the first who 
testifies is very painful for me. 



PRESIDENT: 



Just tell the truth. 



DEAN: 



That's right. That's what I'm going to do. 



PRESIDENT: [Unintelligible] 



DEAN: 



Amen. 



PRESIDENT: [Unintelligible] when I say I'm thinking. They don't 

think it's funny. [Unintelligible]. What I really need 
then, is to say — One thing that Petersen did raise 
with me that [unintelligible] bit [unintelligible] with 
regard to, uh, uh, Ehr — , Haldeman push? What I said, 
now, was "Hal — , Did Haldeman have prior knowledge? 
Did he know, did Ehrlichman know, did Dean know?" And 
you said, "No." Beforehand. 



DEAN: 



That's right. 



PRESIDENT: Right. And he suggests that I say nothing. He told me 
this, he says: "If Dean is testifying" — "No, he's 



-10- 



(1280) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 

not testifying to his conversations," he said that ''Ee 
came over to Haldeman after that brief meeting and 
told him about the plan, which is the whole [unin- 
telligible]." [Unintelligible] says, Youre right." So, 
his point being that actually Haldenan, then, did know. 



DEAN: 



No, I, I, I disagree with that interpretation. 
But, 



PRESIDENT: 



You see. 



DEAN: 



I didn't — 



PRESIDENT: 



my — tell you what, I didn't know, but I, I — 



DEAN: 



My impression was 



PRESIDENT: If that was the case you see, John, then, uh, I, uh, I 
would have to s — , then I would have to, uh — he 
has told me something that's different from what you've 
told me. 



DEAN: 



No. I, I've always reported it exactly that way, be- 
cause Bob has told me he didn't know. Now, I know I 
didn't know, because I feel that — 



PRESIDENT: What about this, this conversation? [Unintelligible] 
He said, "I have done something about it." 



DEAN: 



I, 



-11- 



(1281) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4 :3S P.M. MEETING 
PRESIDENT: Bob's [unintelligible] Bob's responsibility to talk to him. 



DEAN: 



I think what happened, I think what happened, Mr. 
President , is that everyone assumed that John Mitchell 
would never approve anything like this. I just assumed 
it. I told him I was not going to have any further 
dealings with Liddy or anybody over there on this and 
I didn't. 



PRESIDENT: Yeah, yeah, yeah. 

DEAN: And, I didn't have the foggiest notion what they were 

doing. 

PRESIDENT: That's what you had told me, you know. We went, uh, 
through it over and over. 

DEAN: Right. 

PRESIDENT: I, I, I didn't know. I didn't know, of course. 

DEAN: But I don't think — Bob tells me he did not have 

knowledge. Now, the question is — the other thing is — 
I cannot even describe, I couldn't describe twenty 
minutes after the meeting, uh, what Liddy was presenting. 
It was the most spectacular sales pitch you've ever 
seen, in codes and charts, and right out of James Bond. 



-12- 



(1282) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 
PRESIDENT: Operation Gemstone. 



DEAN: 



Well, that's what I'm told, now later, after the 
fact, they called it — I don't remember. I, I 
told Bob, I said, "They're talking about bugging; 
they're talking about kidnapping, and they're talking 
about, uh, mugging squads — take people down from 
San Diego south of the border." 



PRESIDENT: Who did you told to, uh — You told Bob this? 



DEAN: 



Yes, I did. 



PRESIDENT: And he said? 



DEAN: 



He said, 'Absolutely no. 



PRESIDENT: 



No. 



DEAN: 



No. 



PRESIDENT: So you will so testify, then. 



DEAN: That's right. Absolutely. 



PRESIDENT: [Unintelligible] 



DEAN: 



That's correct. But I don't know, and I assume that, 
uh — Bob didn't — never told me to the contrary, that 
nothing happened from the time of that meeting where he 



-13- 



(1283) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 
told me to, "Don't do anything about it and just stay 
away from it, don't talk to them." And Liddy agreed 
not to. I said to Liddy, "The last thing is that I'm 
never going to talk to you about this again, Gordon." 
What I thought was, that inaction would result in 
their, in their [unintelligible] 



PRESIDENT: Inaction from you. 



DEAN: 



Inaction from me. Without my hands at that stage 



PRESIDENT: Yeah, but then you, then when it happened 



DEAN: 



I don't know — 



PRESIDENT: You don't even know the Mitchell thing, do you? 



DEAN: 



Well, I, I don't have direct know- 



PRESIDENT: Magruder says. 



DEAN: 



Yeah. 



PRESIDENT: he says that, uh [unintelligible] I, I feel that your 
statement is consistent with what you told me earlier. 



DEAN: 



That's right. 



PRESIDENT: I wish you would tell, uh [unintelligible]. I don't really — 



DEAN: 



[Unintelligible] come down strong on — 



-lA- 



(1284) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 
PRESIDENT: [Unintelligible] White House and Haldeman [unintelligible], 
You admit that he said, he said, "Absolutely not," and 
he agreed. 



DEAN: 



That's right. 



PRESIDENT: That's what, uh [unintelligible] 



DEAN: 



And Bob and I have gone over that after the fact, and he 
recalls my coming into that office 



PRESIDENT: Yeah. Uh huh. 



DEAN: 



and telling him 



PRESIDENT: Yeah. 



DEAN: 



that, about this crazy scheme that's being cooked up. 



PRESIDENT: You want to go over and get, uh, get together, uh 



DEAN: 



I'll work on this statement 



PRESIDENT: [Unintelligible] 



DEAN: 



and then we'll have something. 



PRESIDENT: ^' ''^^^• 



DEAN: 



Too nuch to, to put people on adnlnistrative 



-15- 



35-904 O - 74 - pt. 3 -- 14 



(1285) 



65.3 TRANSCRIPT OF APRIL 16, 19?Z, 4:07-4:35 P.M. MEETING 
leave that are going to go before the Grand Jury. 

PRESIDENT: Bill Rogers. They're gonna have him over there [unin- 
telligible] 



DEAN: 



And so I think that — 



PRESIDENT: Everybody's in the middle of this, John. 

DEAN: That's right. 

PRESIDENT: None of us can really, none of us, I don't think, uh 
[unintelligible] 



DEAN: 



PRESIDENT; 



DEAN: 



All I'm trying to think is how to get you out in front. 

That's right. The whole point. I don't know haw. It's 
just, uh, hard to think of it. I tried to get to talk, 
uh, with [unintelligible] negotiate for Magruder. 

Can't [unintelligible] — Yes, I said, "No abuse." 



PRESIDENT: Right. 



DEAN: 



[Unintelligible] 



PRESIDENT: [Unintelligible] Magruder [unintelligible] 



DEAN: 



They're taking him into court to do this. 



PRESIDENT : Huh? 



DEAN: 



They're going to take Magru- 

-16- 



(1286) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 
PRESIDENT: I know. 



DEAN: 



— der into court to do this. 



PRESIDENT: 



Lou Lavelle went. rUnintelligibla] 



DEAN: 



I know. 



PRESIDENT: [Unintelligible] 



DEAN: 



I don't think we're going to have many leaks out of the 
Grand Jury or, or the [unintelligible] court. Local court 

et cetera. 



PRESIDENT: Uh, bu; uh, what do you think John [unintelligible] 
operating too short — by a day. 



DEAN: 



What about Hunt, too. 



PRESIDENT: You, Haldeman and Ehrlichman. Magruder knows. I'd 
like to follow that. [Unintelligible] 



DEAN: 



What — How can he respond to that? I don't understand 

that. 



PRESIDENT: Uh huh. 



DEAN: 



[Unintelligible] his testimony before the Grand Jury. 



PRESIDENT: This testimony makes a statement [unintelligible] 



-17- 



(1287) 



65.3 TRANSCRIPT OF APRIL 16, 197 Z, 4:07-4:35 P.M. MEETING 
DEAN: I can't in public statement without naming any individuals. 

[Unintelligible] the rights of that individual. That's 

why I don't think that I, I can't foresee what he's going 

to say. [Unintelligible] naming any, any individual. 

PRESIDENT: You see, I think my own [unintelligible] I requested 
that the U. S. Attorney call before the Grand Jury, 

DEAN: [Unintelligible] all, all your staff. 



PRESIDENT: 



I am to cooperate. 



DEAN: 



Um huh. 



PRESIDENT: 



DEAN: 



How about trying that for a little [unintelligible] John? 
[Unintalligible] if the UTiite Mouse staff gets called be- 
fore the Grand Jury and questioned. 

The prosecution will [unintelligible] needed somebody 
to wash or, or the like. They may or may not want to 
hear, and — by the way, I would, I would bounce that 
one off Henry, uh — 



PRESIDENT: 



Yeah, Ehrlichman and Haldeman and Magruder. 



DEAN: 



It is, it has been? Or — 



PRESIDENT: 



We can always find reasons. 



-18- 



(1288) 



DEAN: 



65.3 TRANSCRIPT OF APRIL 16, 197Z^ 4:07-4:35 P.M. mETING 
And Hunt's. 



PRESIDENT: [Unintelligible] oh, my God, we've got to leave [unin- 
telligible] Ehrlichman and Haldeman predict, thank God 
[unintelligible] world. They were on top; they're shot 
down. 



DEAN: 



That's right. [Unintelligible]. The other thing that 
always worried me is not getting shot down, but not giving 
out enough, and starting a, a chain going that we didn't 
want, because we didn't give enough. Uh, would, uh — 
[coughs] [Unintelligible] unfortunately, the source of 
the problem, and it's just, it's mind boggling but you 
think about it , uh — 



PRESIDENT: 



And — 



DEAN: 



He didn't care 



PRESIDENT: 



All across [unintelligible] 



DEAN: 



That's right Lord knows. Lord knows [unintelligible] 



PRESIDENT: 



And after he didn't turn it off — 



DEAN: 



And then we bailed him out, and that's why we have a 
problem. 



-19- 



(1289) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. mSTING 
PRESIDENT: [Unintelligible] and then you said the whole White House 

at least, uh, up to you, and Ehrlichman, Haldeman after 

regretfully dealing with the fact. We've just got to 

keep the thing from going upstairs, to Mitchell, I mean, 

your conversation with Magruder — 



DEAN: 



That's right. 



PRESIDENT: The fact that, uh, you're supposed to support him — everybody 



DEAN: 



Uh huh. 



PRESIDENT: 



and therefore Mitchell and [unintelligible] 



DEAN: 



Oh, Mitchell, Mitchell was making heavy comments 
about, you know, if Hunt and Lildy blow, the 
White House will have a bigger problem than he 
will, sort of things. 



PRESIDENT: 



Yeah. 



DEAN: 



Whatever they had done over here would be quite embar- 
rassing during the election, also. 



PRESIDENT: 



Yeah. 



DEAN: 



And I suppose there's some truth in that. No hard facts. 
Just [unintelligible] Ellsberg's office, and things like 
that. 



-20- 



(1290) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 
PRESIDENT: [Unintelligible] that wouldn't have been very good. 



DEAN: 



You know, uh, you know, poor Bud Kroghy, uh, is just 
miserable, knowing what he knows. 



PRESIDENT: Meaning Ellsberg? 



DEAN: 



Yeah, he's — 



PRESIDENT: Yeah, well [unintelligible] 

DEAN: Hopefully not. There's no reason it should be. The only 

evidence that they have which they must — That's one of 
the reasons I have argued against a special prosecutor. 
The special prosecutor is going to run across evidence 
that's screwy. [Unintelligible] that picture, that pic- 
ture in front of the doctor's office. [Unintelligible] 
can't get into that. 

PRESIDENT: This is not their ca — that they're — 

DEAN: That's not their case. It just got forced on them. 

PRESIDENT: That's right. 

DEAN: When I was first, you know, first talking, uh, with regard 

to [unintelligible] 

PRESIDENT: [Unintelligible] 

DEAN: they wanted to just, just, just the original time run these guys 

through the Grand Jury, with immunity, and see what came out. 

-21- 



(1291) 



65.3 TRANSCRIPT OF APRIL 16, 197 Z, 4:07-4:35 P.M. MEETING 
PRESIDENT: [Unintelligible] 



DEAN: 



Uh, let us fight our battle with the Senate. 



PRESIDENT: [Unintelligible] 



DEAN: 



Absolutely. 



PRESIDENT: We've been through this particular [unintelligible] 



DEAN: 



They pulled it out inch by inch, uh, and it'll just, 

uh, it'll bring you down with it in this [unintelligible] 

conmiittee. 



PRESIDENT: Well, it hurts, as you say. 



DEAN: 



[Unintelligible] 



PRESIDENT: It won'^ pull us down. [Unintelligible]. We can wait and 
handle it in the [unintelligible] court. 



DEAN: 



We never — 



PRESIDENT: [Unintelligible] virtually nine months. [Unintelligible] 



DEAN: 



Dean couldn't get there with the facts. 



PRESIDENT: [Unintelligible] they'll ask. 



DEAN: 



I didn't have the power to compel Mitchell or Magruder 



-22- 



(1292) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. mETING 
to tell me what had happened. I just surmised what 
had happened. 

PRESIDENT: The [unintelligible] 



DEAN: 



I've been, uh, to be very honest, I've talked about it 
around here before I got in to see you for many , many 
months. Uh, I said, you know, I said the containment 
theory is not working anymore so you might as well forget 
it. 



PRESIDENT: 



Right. That's what you came in to see me? Fine. 



DEAN: 



PRESIDENT : 



DEAN: 



Fine. It works. Finally, I started coming in to see 
you and that's when we started getting action. 

I have no right [unintelligible] 

Then I was told by all of those after joining this, that'd 
be talking surrender. I'm not talking surrender. 
I'm talking realistically. [Unintelligible] 
investigation going. They've got subpoena power, immunity 
power, and they're going to break somebody up there, just 
as sure — And, uh , I've always said that it's a domino 
situation — One, one goes — and that's exactly what's 
happened here, Mr. President. 



PRESIDENT: 



The poor guys. 



-23- 



(1293) 



65.3 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. mETING 
DEAN: The poor men and the [unintelligible] all the way 
around. 



PRESIDENT: 



Secretaries, [unintelligible] 



DEAN: 



That's right. 



PRESIDENT 
& DEAN: 



[Unintelligible] 



DEAN: 



How do you want to handle it: Ehrlichman, Haldeman and 
Dean? 



PRESIDENT: 



DEAN: 



That's a good question. [Unintelligible] the biggest 

part of that question is when, under the circumstances — 
it's, uh — 

Here's the argument I, I've been meaning to tell you: 
First of all, there is, there's, there is potential — 
There are prima facie situations right now that are very 
difficult in, uh, to prove in context that — been made 
aware of. Uh, does that thereby make it necessary for 
you to make a judgment that those people should leave the 
staff until their, their name is cleared? 



PRESIDENT: It makes it necessary for me to relieve them of any duty 
if this peaks . 



DEAN: 



That's right. 



-24- 



(1294) 



6S.S TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 
PRESIDENT: Which I have done. It makes It necessary for me to 

[unintelligible] Haldeman turn it down, which I end up. 



DEAN: 



But that — I don't know 



PRESIDENT: I'm happy to discuss it with him, but whether, you 

just say let's go all out and tromo their ass. I do 
not — 



DEAN: 



That's the tougher question, because one, that's putting 
you in the position of being the, the judge and tryer 
of the facts. 



PRESIDENT: 



Before 



DEAN: 



PRESIDENT: 



DEAN: 



Before all the facts are in, necessarily. 

That's really my problem on that. I mean, I — so this 
fellow says that, and this fellow says that — that's 
the thing that concerns me. 

Well, maybe that's the way this ought to be handled, 
publicly. Say, "I have certain information about — 
you know, allegations have been made about persons, some 
publicly — some have not become public yet — but I 
am not in a position where I can make any" 



PRESIDENT: Yeah. Yeah. 



DEAN: ''judgements, because all the facts aren't in yet.'' 



-25- 



(1295) 



65,2 TRANSCRIPT OF APRIL 16, 1973, 4:07-4:35 P.M. MEETING 
PRESIDENT: But you really think, John, don't you, that, uh, you 
[unintelligible] in the meantime — 

DEAN: Okay. 

PRESIDENT: Your statement, this statement is terribly Important. And, 
then frankly, something very shortly beforehand [unin- 
telligible] . Right? 



DEAN: 



Right . 



PRESIDENT: I'll talk to you on Thursday. [Unintelligible]. Thank 
you. 

DEAN: Yes sir. 

PRESIDENT: Would you say that you [unintelligible] move- uh [unin- 
telligible] in this area? 



DEAN: 



Right. 



PRESIDENT: And, uh [unintellieible] . 



-26- 



(1296) 



66. On April 16, 1973 from 8:58 to 9:14 p.m. the President spoke 
by telephone with Henry Petersen. Petersen gave the President a report. 
The President said he would not pass the Information on because he 
knew the rules of the Grand Jury. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

66.1 House Judiciary Connnittee staff summary of White 
House edited transcript of a telephone conversation 
between the President and Henry Petersen, April 16, 

1973, 8:58 - 9:14 p.m 1298 

66.2 President Nixon daily diary, April 16, 1973, 

Exhibit 21, In re Grand Jury , Misc. 47-73 1304 



(1297) 



66. 1 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 16, 1972, 8:58-9:14 P.M. TELEPHONE CONVERSATION 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
April 16. 1973. 8:58 P.M. to 9:14 P.M. 



The President had a telephone conversation with Assistant 
Attorney General Henry Petersen from 8:58 to 9:14 p.m. on April 16. 
1973. The President asked if there had been any developments that he 
ought to know about and told Petersen "of course, as you know, anything 
you tell me. as I think I told you earlier, will not be passed on." 
Petersen replied that he understood, and the President said, "Because I 
know the rules of the Grand Jury." (p. 1) 

Petersen told the President that LaRue had been in and that he 
was "rather pitiful." Petersen told the President that LaRue had told 
John Mitchell that it was "all over." Petersen said that LaRue admitted 
"to participating in the (unintelligible) and obstruction of justice" 
and admitted being present, as Dean said he was, at the third meeting, 
the budget meeting. The President asked Petersen "Who was present at 
that meeting Henry? I don't know." Petersen replied that LaRue and 
Mitchell were present. The President responded that he seemed to have 
missed that meeting and asked Petersen if Dean was at that meeting. 
Petersen replied that Dean told them about that meeting in Florida, but 
that Petersen was not quite certain whether or not Dean was present. The 
President said, "[0]h, I heard about a meeting, but I think you told me 
about that." (pp. 1-2) 



(1298) 



66. 1 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 16, 1973. 8:58-9:14 P.M%. TELEPHONE CONVERSATION 



-2- 



Petersen said that LaRue was reluctant to say that Mitchell 
specifically authorized the budget for the electronic eavesdropping 
at that point, but that Petersen thought he was going to come around. 
Petersen said that LaRue had admitted that it could not have been acti- 
vated without Mitchell's approval. (p. 2) 

Petersen told the President that the prosecutors did not get to 
O'Brien or Strachan that day. He said that Strachan had retained Colson's 
partner as his lawyer, but the U. S. Attorney's office objected, so 
Strachan got another one and would be back the next day. (p. 3) 

The President questioned Petersen about LaRue 's telling Mitchell 
that it was all over, asking when he had done that. Petersen told the 
President that it had been just recently, within the past two days. (p. 3) 

Petersen then raised "an additional detail" on Ehrlichman beyond 
what he had discussed with the President earlier in the day. Petersen 
told the President that Liddy confessed to Dean on June 19 that he was 
present in the Watergate and that Dean then told Ehrlichman. (p. 3) 

Petersen told the President that Colson was present with Dean and 
Ehrlichman when Ehrlichman advised about telling Hunt to get out of town. 
Therefore, Colson would be called before the Grand Jury. With respect to 
Haldeman, Petersen told the President that Mitchell had requested Dean 
to activate Kalmbach for payments of money after June 17 . Dean had said 
he did not have authority and went to Haldeman, who gave him the authority, 
and Dean then got in touch with Kalmbach to arrange for money. Petersen 
said that Kalmbach would also be called as a grand jury witness. (p. 4) 



(1299) 



66. 1 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 16, 1973. 8:58-9:14 P.M. TELEPHONE CONVERSATION 

-3- 



Petersen said that these were the only additional developments. 
The President asked him what the situation was with regard to negotia- 
tions with Dean and Magruder. The President said that he was "It]ry±ng 
to get the timing, you see, with regard to whatever I say." Petersen told 
the President that Magruder 's lawyers were very much concerned about Judge 
Sirica and wanted it ironed out first that Magruder would not go to jail 
before the rest of them if he confessed. Petersen said Titus would prob- 
ably handle a meeting with Judge Sirica, but that it had to be very delicately 
handled because Sirica "is apt to blast us all publicly." Petersen told the 
President that Magruder 's lawyers were not so much concerned about Ervin, 
and the President agreed because "the Ervin thing will become moot in my 
opinion." (pp. 4-6) 

Petersen said that the other concern of the prosecutors was how to 
charge Magruder. He told the President that they did not feel they ought 
to put Haldeman and Ehrlichman in the indictment as unindicted co-conspirators, 
but they were afraid not to because if they didn't and it got out, "it is 
going to look like a big cover-up again." Petersen told the President that 
anyone named in the indictment as an unindicted co-conspirator would in all 
probability be indicted later on. He said that a secondary issue was whether 
they would have enough corroboration to make those statements. Petersen told 
the President, in response to questions, that Mitchell would be named and 
that it would be done in open court. Petersen said Judge Sirica would inter- 
rogate the defendant, as was his habit. If he interrogated Magruder, that 
would bring out the facts conceiming Haldeman and Ehrlichman, Petersen told 

(1300) 



66. 1 HOUSE JUDICIABY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 16, 1973. 8:58-9:14 P.M. TELEPHONE CONVERSATION 

-4- 



the President, "and if we haven't mentioned them or included them in the 
conspiracy charge, then we are all going to have a black eye." Petersen 
said that these were the things they were trying to work out, and in re- 
sponse to a question by the President said that he doubted it would be 
done the next day. (pp. 6-8) 

The President then inquired about the negotiations with Dean. 
Petersen said they were still tying down facts with Dean and wanted to 
get as much as they could. Petersen told the President that they were 
trying to get enough facts to make the decision on immunity and that it 
depended on how much of what Dean told them they could corroborate. The 
President asked, "If you can't corroborate enough then he doesn't get off, 
is that it?" Petersen replied that was right, they couldn't very well 
immunize him and put him head to head against a witness who was going to 
beat him. The President asked if Dean's people were playing it pretty 
tough with the prosecutors, Petersen replied in the affirmative, and the 
President said, "I guess we'd do that too, I suppose .... I prefer them 
to do that." (pp. 8-9) 

The President then returned to the subject of June 19, and Petersen 
again said Dean reported that Liddy confessed to Dean and Dean told Ehrlichman. 
The President responded, "Hump — that's new fact isn't it?" Petersen agreed 
that it was and said that it was a terribly important fact because no disclo- 
sure was made by either Dean or Ehrlichman. The President asked when Dean 
had said this, and Petersen said he was not quite sure. The President said 



(1301) 

35-904 O - 74 - pt. 3 -- 15 



66. 1 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 16, 1973, 8:58-9:14 P.M. TELEPHONE CONVERSATION 

-5- 



that Dean didn't tell him that, and that was the thing that discouraged 
him; it was a key fact that Dean should have told him. Petersen agreed, 
(pp. 9-10) 

The President asked again about Haldeman, and Petersen repeated 
that the principal thing he wanted to point out to the President was that 
Dean went to Haldeman to get authority to go to Kalmbach, who thereafter 
took care of the money. The President said that he knew about the $350,000 
fund, but didn't know "how it all went." Petersen said that it developed 
as money over which Haldeman exercised control, that the money was de- 
livered to LaRue to be used for payments, at least a portion of it. The 
President said that he thought Haldeman would say that was true, but that 
Kalmbach should be asked. Petersen said that the money went to LaRue in- 
stead of to the Committee directly; LaRue apparently did not give a receipt 
and Haldeman had requested it. The President said that LaRue was loosely 
a member of the Finance Conmittee, and that Haldeman had told him it went 
to LaRue who was a member of the Committee or of Stans ' committee. The 
President said that he didn't know, but that Petersen ought to check it 
out. (pp. 10-12) 

The President then asked Petersen if there would be anything before 
the Court the following day. Petersen said that he did not think so and 
affirmed that the following day they would just continue to develop the evi- 
dence. The President said that therefore no statement would be in order at 
the present time. The President said that they had decided against a state- 
ment that day because he thought it would possibly jeopardize the prosecution. 

Petersen suggested that it would probably raise more questions than it answered, 

(1302) 



66, 1 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRA NSCRIPT. OF APRIL 16. 1972, 8:58-9:14 P.M. TELEPHONE CONVERSATION 



^o^* 



and the President agreed, saying that they didn't want to say anything 
"until — like if there has been a big break in the case and everybody 
starts—" (pp. 12-13) 

Petersen then told the President that he had a call from a reporter 
for the Los Angeles Times who said they had a report out of the White House 
that two or three people at the White House were going to be thrown to the 
wolves. Petersen said he had told the reporter he couldn't tell him any- 
thing about it and would neither confirm nor deny it. Petersen said he 
mentioned it "only because its — " and the President interrupted to say, 
"It's beginning to get out. Yeah." The President asked Petersen if the 
information came from the U. S. Attorney's Office, but Petersen said he 
doubted it because he had not told them. (p. 13) 

The President again asked how Colson was involved and whether he 
would be called. As the conversation ended the President told Petersen 
to call him, even if it was the middle of the night, if anything came up, 
and Petersen agreed to do so. (p. 14) 



(1303) 



€6.2 PRESIVEUT NIXON DAILY Dl/UJr, APRIL 16. 1973, EXHIBIT 21, 
IN RE GRAND JURY, MISC. 47-73 



IHt .-.•lilt MOur.t 



PKCsiuriir Ricii/.na ciiXOiM'S daily diary 



niE u'lirTKiiousi: 
HASuri^nniN, d.c. 



.' GOV 






TIME 
I 



I'llIlNt 

I' rii.r.l 
K Kr.civc.l 




II.MI IM'. . I)<I y: I 

ArKII, 16, 197 3 

riMt DAY 

12:08 a.n. MONDAY 



n 



12:0S 
8:1S 
8:26 

8:27 

8:29 
8:29 

9:24 
9:50 

10:00 
10:50 

11:04 
11:04 



12:23 

8:22 



9:24 

9:59 

10:40 
11:04 



11:11 



yirC 



L 







The President tnlked with his Assistant, 11. R. llaldenan. 

Tlie President talked with his Assistant, John D. Ehrlichman. 

The President talked with his Special Assistant, Stephen B. 
Bull. 

The President telephoned Staff Assistant Thomas Hart. The 
call was not conpleted. 

The President went to the first floor private dining room. 

The President held a breakfast meeting with Speaker of the 
House Carl B. Albert (D-Oklahoma) . 

Xi\e. President went to the Oval Office. 

-Tlie President met with: 
Mr. Ehrlichman 
Mr. Haldeman 

The President met with his Counsel, John W. Dean III. 

The President met 'Jith: 
Mr. Hald/ 
Mr. Ehrliciiman 

The President, accompanied by Secretary of Labor Peter J. 
Brennan, went to the South Grounds of the White House. 

The President and Secretary Brennan motored from the South 
Grounds of the Ifnite House to the Washington Hilton Hotel. 

The President was greeted by Robert A. Georgine, Secretary- 
Treasurer of the Building and Construction Trades Department 
of the AFL-CIO. 

The President went to the Cabinet Room in the Washington 
Hilton. He was accompanied by: 
Secretary Brennan 
Mr. Georgine 

The President greetc»d general presidents of union affiliates 
comprising the iluilding and Construction Trades De-partnent 
of the AFL-CIO. For a list of attendees, see APFEXniX "A." 



'^<y<Ji 



.^/\'. 



.n^ 



^ 



■17 '7-^ 



T" y^J. 




(1304) 



66.2 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT SI, 
IN RE GRAND JURY, MISC. 47-73 



Hi7e Mfjusf 



PRESIDENT RICHARD NIXOiTS DAILY UIARY 



F'l AC 1 l)\v hll.A.N !■• n iM . . lii>. V, , 


Al'iUi. It',, 1973 


I'lii- '.>fiir.Ti: IIOUSI-: mme oav 


WASiiC'.'CTON, D.C. 11:11 p.n. MO'.nAY 


IIMK 


I'llflNi'f, 
J' f'ij.l.l 


A( riVITY 


In 


Out 


In 


ID 












Tlij PrcsiJenC addressed delegates aCCending the National 










Legislative and Safety Conference of the Building and 










Construct Loa Trades Department of the AFL-CIO. For a 










list of head table guests, see APPENDIX "B." 










Members of the press, in/out 










W.iite House photographer, in/ouc 










The President returned to his limousine. He was accompanied by: 










Secretary Brennan 










Mr. Georgine 


- 








Wiite House photographer, in/ouC 


11:48 


11:55 






The President motored from the l\'ashington Hilton Hotel to the 
South Grounds of the '.-Jhite House. 


11:57 








The President returned to the Oval Office. 


12:00 


12:31 




L. ' 


The President met vjith Mr. Haldeman. 


12:31 


12:39 






The President met with: 

Dr. John X'orris, retired Associate Medical Director of 
Eastman-Kodak and Chairman of the Board of Trustees 
of Alcoholics Anonymous (AA) 
Robert Hitchins, General Manager of AA General Service 

Office 
Tom Pike, member of the Kational Adviscry Council on 

Alcoholism 
Caspar U'. Weinberger, Secretary of HEW 
James H. Cavanaugh, Staff Assistant 
l\rnite House photographer, in/out 
The President received the one millionth copy of the 
"Alcoholics Anonymous" book. 


12:A0 


12:57 






The President met ivith: 

Roy D. Hickman, President of Rotary International 

\-l . Richard Howard, Special .Assistant 

Utiite House nhotographor , in/out 
Mr. Hickman presented the President i%'ich the Paul Harris 
Fellow Av/ard in rocoj;nition of the President's efforts to 
promote world understanding. 


-12:58 


1:37 






The President met with his Press Secretary, Ronald L. Ziegler. 


1:38 






^, 


Tlie President went to his office in the EOB . 
Tlie President met with: 


1:39 


3:25 




\ 


Henry i:. 'etor^en, Assistant Attorney General 


2:25 


2:52 






Mr. Ziegler >" 



(1305) 



66 



.2 PRESIDENT NIXON DAILY DIARY, APRIL 16, 1973, EXHIBIT 21, 



IN RE GRAND JURY_j_ MISC. 47-73 



pr:C5iLr:Mf Rici !/.!<.■) rii;;ori'i daily m;,r^Y 

I- ( Iriwl I'r I I.., Ir.-rl A.ln,-, I 



TilE VrMyV. ilOUSK 

u'.\Slil^;(:TO\, u.c 



ir.Mi; 

In Out 



2:19 
3:25 

3:27 
3:35 

4:04 

4:05 

4:07 

4:42 



4:55 
5:45 

6:01 



6:01 



6:15 



20 
28 
32 



8:42 



8:45 






8:58 



9:27 



3:26 

4:02 
4:04 

4:05 

4:06 

4:35 

4:43 



6:01 
6:01 



6:10 



8:28 



8:41 



9:14 



9:49 



I'llONh 
1' iM,.i,l 



I'Mf IM.. l)j, Vr 1 

AIMUL 1.-., 19 7 3 

I IMC HAY 

2|lJ_n.n. M'"i:;DAY 



^\ 



, \ 



M 



The President requested that Mr. Ziegler join him. 

The President talked with Mr. Ziegler. 

The President met with: 
Mr. Ehrlichman 
Mr. Ziegler 

The President talked with his Counsel, John U. Dean III. 

The President met with Mr. Bull. 

The President met with Mr. Dean. 

The Preside- 1 talked with his daughter, Julie. 

The President met with: 

William P. Rogers, Secretary o£ State 
Mr. Ziegler 

The President and Secretary Rogers went to West Executive 
Avenue . 

The President and Secretary Rogers motored fron West Executive 
Avenue to Pier One of the Washington Nav>' Yard. 

The President went boating on the Sequo ia with Secretary 
Rogers . 

The President and Secretary Rogers had dinner on board. 

The Sequoia docked at Pier One of the Washington Navy Yard. 

The President motored from the Washington Navy Yard to the 
South Grounds of the I'rtiite House. 

The President returned to his office in the EOB. 

The President telephoned Mr. Ehrlichman. The call was not 
completed. 

The President talked with Mr. Petersen. 

The Presirlent returned to the second floor Residence. 

Tlio President Calked with Mr. Ehrlicliman. 



r:ii/SM/,ll) 



f'A 



(1306) 



67. On April 17, 1973 from 9:47 to 9:59 a.m. the President met with 
H. R. Haldeman. The President Instructed Haldeman to tell Kalnfcach that 
LaRue was talking freely. There was discussion of the problem raised by 
Dean's efforts to get Immunity. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

67.1 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
between the President and H.R. Haldeman, 

April 17, 1973, 9:47 - 9:59 a.m 1308 

67.2 President Nixon daily diary, April 17, 1973, 

Ejdiibit 48, In re Grand Jury . Misc. 47-73 1312 



(1307) 



G7. 1 HOUSE JUDICIARY COmiTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 27, 1973, 9:47-9:59 A.M. MEETING 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
April 17, 1973, 9:47 a.m. to 9:59 a.m. 



On April 17, 1973, the President met with H. R. Haldeman in 
the Oval Office in the White House from 9:47 a.m. to 9:59 a.m. The 
President began the conversation by saying that he was thinking that 
they probably should use John Connally more to try to hammer out what 
their policy should be on Watergate. (p. 1) 

Haldeman said that Colson had told Ehrlichman that morning 
that Colson 's sources in departments and around town said that "we've 
got one more day to act on our initiative." (p. 1) Haldeman told the 
President that "[t]he White House has got to move" and, if they were 
going to move that day, they probably ought to meet earlier so they 
would be ready to move by three or three-thirty. (p. 2) 

After a deletion of "Im]aterial unrelated to Presidential 
action," (p. 1) Haldeman mentioned "all these breaks, this White House 
is all over town," and that the President had seen or knew the Los 
Angeles Times had the story, to which the President replied, "About 
(unintelligible)." (p. 2) 

The President said he thought "we have to move today," and 
"you might have to give them the full report today the way it is break- 
ing so fast." The President said that he had had quite a long talk with 
Rogers, who was "much more rational than Len." "On the other hand," the 



(1308) 



67. 1 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 9:47-9:59 A.M. I'fEETING 

President said, "you've got the problem of you and John sort of being nibbled 

to death over a period of time." "By not moving," the President said, "having 

a situation where, frankly, the changes of your being . . . publicly attacked 

and also even the steam of the prosecution is greater." Every day, the 

President said, "there is some damn little thing that somebody touts around 

with," so that "everything can be explained and try to defend and all that sort 

of thing." The President said that he was not prepared to make that suggestion, 

but Kaldeman should talk to John about it. Haldeman agreed. (pp. 2-3) 

The President then said, "Dean met with Liddy on June 19th, must have 
been when he did it." "He was in California in January," the President said, 
"but that is irrelevant." But "they keep banging around and banging around. 
The prosecution gets out the damn stuff." The President asked Haldeman if John 
had talked to him about it. Haldeman replied that Dean had told that story to 
him and Ehrlichman in Ehrlichman's office the preceding week or two weeks before 
and that Haldeman thought he had described the story to the President in some 
detail. The President said that this was after they had started their own 
investigation, and Haldeman agreed. The President said, "I mean it wasn't back 
then. It wouldn't indicate that we knew about all this, etc." The President 
continued, "Another thing, if you could get John and yourself to sit down and 
do some hard thinking about what kind of strategy you are going to have with 
the money. You know what I mean." Haldeman replied, "Yeah." There is then a 
deletion in the transcript of "[m]aterial unrelated to President's actions." 
(pp. 3- A) 

The President told Haldeman that he had to call Kalmbach "so I want 
to be sure. I want to try to find out what the hell he [apparently Dean] is 

-2- 



(1309) 



67. 1 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF miTE ROUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 9:47-9:59 A.M. MEETING 

going to say he told Kalmbach." The President asked what Kalmbach said he told 
him and whether he said they wanted the money for support. Haldeman replied 
that he didn't know and said that John [apparently Ehrlichman] had been talking 
to Kalmbach. The President said to be sure that Kalmbach was "at least aware 
of this, that LaRue has talked very freely. He is a broken man." (p. 4) 

The President continued by saying that "this destruction of the 
(unintelligible) things is troublesome, of course." The President said that 
John told him too, and "basically the culprit is Pat Gray." He asked Haldeman 
if Colson knew about that and if they were calling Colson because he was in 
the room when it was handed to Gray. Haldeman replied that apprently Colson 
was not, but that there was a meeting before in which they supposedly talked 
about the deep-sixing and all that, which Colson was supposed to have been in. 
Haldeman said that Colson did not remember being in it and that Colson flatly 
said he was never in anything where there was a discussion of getting Hunt out 
of the country. Haldeman said that Kerhli, who was supposed to be at the same 
meeting, said the same thing and that Ehrlichman had checked everyone who was 
at the meeting and nobody recalled that being said except Dean. And, said 
Haldeman, Dean was the one who "called Liddy and told him to telephone Hunt to 
get out of the country and then called him later and said not to." (pp. A-5) 

The President then said that he would like a policy, that he thought 
"we've got to think about a positive move" and "it ought to be today." Haldeman 
agreed. The President said that "it should be at 3:00 today" and that he hoped 
the story didn't break today in — " Haldeman said that even if it did break, 
the President could "get into a cycle with it," and the President replied that 
he did not want to be answering it. (p. 5) 

-3- 
(1310) 



67. 1 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED ' 

TRANSCRIPT OF APRIL 17, 1973, 9:47-9:59 A.M. MEETING 

The President said that he wanted "a thing done today." Haldeman 
and Ehrlichman had to think, the President said, "not just in terms as a 
national group for the President and all that," but also had to think "in 
terms of having this damn thing continue to be dragged up bit by bit and 
answers dragged out bit by bit." The point was that "Dean's incentive with 
the U. S. Attorney, incentive with everybody else will be this and that," the 
President said. The President said that "the prosecutor has been pretty clever. 
They got Magruder. Magruder just caved, it had to come. It had to come. Bob. 
It was going to come." (p. 6) Haldeman agreed. The President replied, "That's 
right." 

The President said that Dean "is the one who surpries me and dis- 
appoints you to an extent because he is trying to save his neck and doing so 
easily. He is not, to hear him tell it, when I have talked to him, he is not 
telling things that will, you know — " Haldeman said, "That is not really true 
though. He is." The President replied that he knew, that Dean "tells me one 
thing and the other guy something else," and "[tjhat is when I get mad." The 
President said that Dean was trying to tell enough to get immunity. Haldeman 
said, "That is the real problem we've got. It had to break and it should break 
but what you've got is people within it, as you said right at the beginning, who 
said things and said them, too, exactly as Dean told them. The more you give them 
the better it will work out." (pp. 6-7) 



-4- - 
(1311) 



67.2 PRESIDENT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 



« 

1 



IN RE GRAND JURY, MISC. 47-73 






P(?ESIO£NT RICHARO MIXOri'3 D/MLY DIARY 

IS,, I..,. I r-,..r.f I.., rii.ei ^,T■•.,;^, 



\n i..,n- 



i!il,i 



T;1E WIITE HOUSK 

u.\sl^^■l^TON, D.c. 



TIMF. 
In Out 



9:18 
9:19 
9:30 

I 9:47 

9:59 

10:05 

10:05 



10:29 



10:29 



10:34 



10:34 



9:25 
9:46 

9:59 
10:00 

10:28 



10:34 



12:19 



PtIO.Nt 
F P.cc. c,l 



1>.ME IM- :j,v Vf.i 

APItIL 17, 107 3 

TIME OAV 

9:18 a.r.. TL'ES DAY 



Tlic President uenC to the Oval Office. 

The President talked with his Counsel, John W. Dean III. 

The President met with his Special Consultant, Leonard 
Garment. 

The President mst with his Assistant, H.,R- Haldeoan. 

The President met with the First Lady. 

The President and the First Lady went to the South Grounds of 
the White House. 

The President and the First Lady participated in an arrival 
ceremony honoring Giulio Andreotti, President of the 
Council of Ministers of the Italian Republic. For a list 
of members of the welcoming committee and of the official 
Italian party participating in the ceremony, see APPENDIX 
"A." 

The President and the First Lady escorted PriEe Minister and 
Mrs. Andreotti to the Blue Room. 

The Presidential party received members of the official 
Italian and U.S. parties. Assisting in the receiving 
line were: 

William P. Rogers, Secretary of State 

Mrs. William P. Rogers 

Adm. Elmo R. Zmm/alt, Jr., Chief of Naval Operations 

Mrs. Elmo R. Zumwalt, Jr. 

The President returned to the Oval Office. He was 
accompanied by: 

Prime Minister Andreotti 

Neil A. Seidenman, State Department interpreter 

Mrs. Anna Saxon, State Department interpreter 

The President met with: 

Prime Minister Andreotti 

Andrea Cagiati , Diplomatic Advisor to Prime Minister 

Andreotti 
Henry A. Kissinger, Assistant 
Mr. Seidenman 
Mrs . Saxon 

Members of the press, in/out 
White House photographer, in/out ' \'. '. ',.-^ 



^rttcc^ : -^^^-'- Z/-?'^ ^^t ui Ac^.^^^' %c^-^'iP:r 



'^-■'-r- 



(1312) 



67.2 PRESIDENT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 



IN RE GRAND JURY^ MISC. 47-73 



v.rtirE Houst 



PR£SlUi.Nr RICHAf<U MIAUi'l b UMiLV uiahi 

(St, Tii.tl Rr.-.r.l I.., Iij.rl Au.v.l/1 



0' ';.V^i 



TKE u-HiTE uoi;sr: 

■.'ASfllNGTON, n.C. 



l>Alf I. Ml . tJi. Yr ) 

APRIL 17, 1973 

IIME OAV 

12:19 p.n. TUESDAY 



TIME 


PHONE 

P -PUvt.l 

R- Rc..,.r.: 


Af Tivirr 


In 


Out 


I.o 


ID 




12:19 








Tlie Presidential party went to the South Grounds of the 
Wiite House. 


12:23 








Tlie President and Mr. Kissinger returned to Che Oval Office. 


12:23 


12:24 






The President met with Mr. Kissinger. 
- The President met with: 


12:35 ' 


2:20 






Mr. Haldenan 


12:35 


2:20 






John D. Ehrlichman, Assistant 


2:10 


2:17 






Ronald L. Ziegler, Press Secretary 


2:30 


2:40 






" The President met with Mr. Ziegler. 


2:39 


2:40 


P 




- The President talked with Mr. Ehrlichman. 


2:46 


3:49 






The President met with Assistant Attorney General Henry £. 
Petersen. 


3:50 


4:35 






'^ The President met with: 
, Mr. Haldeman 
Mr. Ehrlichman 


4:41 








The President went to the Press Room. 


4:41 


4:46 






The President addressed members of the press on Che 
developments in the Watergate case. 

White House photographer, in/out 


4:46 








The President returned to the Oval Office. 


4:48 


5:03 




- 


The President met with Mr. Ziegler. 


5:09 








The President went to his office in Che EOB. 


5:15 


5:16 




<^ 


The President met with his Special Assistant, Stephen B. Bull. 
The President met with: 


5:20 


6:19 






Secretary Rogers 


5:50 


7:14 






Mr. Haldeman 


5:50 


7:14 






Mr. Ehrlichman 


6:17 


6:21 


P 




"" The President talked with Mr. Ziegler. 


6:55 




R 




Tlie President was telephoned by Mr. Kissinger. The call was 
not completed. 


7:15 








The President returned to the second floor RcsiJi-nce. 



(1313) 



67.2 PRESIDENT NIXON DAILY DIARl , APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY. MISC. 47-73 ' 



A 



,ri A- 1. llAV I1HI..AN 

THE VnilTK HOilSF. 
WAS '. lliNGTOX, D-C. 



TIME 
In Out 



7:36 
8:02 



S:03_ 
8:03 



8:22 



8:39 

10:11 
10:11 

10:32 
10:33 



riKiNi; 

I' IMucJ 
R Kuc-.vr.l 



l/> 



7:33- 



8:21 



\ 



8:22 8:39 



10:11 



10:32 



11:17 



UATE (M,. I>ji Y< I 

/iTRIL 17, 1973 

TIME DAY 

7:36 p.p. TUESDAY 



A( rivirv 



The President calked with Mr. Kissinger. 
Vac President went to the North Portico. 

rne President greeted Prime Minister and Mrs. AndreotCi. 
Members of the press, in/ out 
IJhite House photographer, in/out 

The Presidential party went to Che Yellow Oval P-oom. 

The President met with: 
Tne First Lady 

Vice President and Mrs. Spiro T. Agn«7 
Prime Minister and Mrs. Andreotci 
Secretary and Mrs. Rogers 

John A. Volpe, Ambassador from the U.S. to Italy 
Mrs. John A. Volpe . 

Giuseppe Medici, Italian Minister of Forexgn Affaxrs 
Egidio Ortona, Ambassador from Italy to Che U.S. 
Mrs . Egidio Ortono 

The President and the First Lady, accompanied by Prime 
Minister ind Mrs. Andreotti, went to the Blue Room. 
Enroute, Chey participated in a photo opportunity at the 
foot of the Grand Staircase. 

White House photographer, in/out 

The Presidential party received dinner guests. 

The President and the First Lady hosted a State Dinner in 
honor of Prime Minister and Mrs_._ Andreotti. For a list 
of dinner guests, see APPENDIX "B." 

The President and the First Lady went to the Grand Hall. 

The President and the First Lady received guests attendinj^ 
the entertainment portion of the evening. For a li--t .- 
attendees, see APPENDIX "C." 

Tne President and the First Lady, accompanied by Prino 
Minister and Mrs. Andreotti, went to Che East Koor.u 

Tlie President and the First Lady attended a perf>'m;;;-..-c- bv 
sinRor I-rank Sinatra. For a list oE pucst-. --o. 
API'F.NDIX "B" and A PPEMDtX "C." 

Mi-mbers of the press, in/out 

White House photographer, in/euC 



(1314) 



67. 2 PRESIDENT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 



IN RE GRAND JURY, MISC. 47-7Z 



PRESIOtMf RICMAKO fMXOM'S DAILY DIAfiY 



K> Cf ].- 



I,: i^inT Kousi; 

'.SiirNCTON, D.C. 



11:17 



11:20 



11:45 



12:0^ 



r :'ij-.<.j 
i: li..t.>t.l 



Iia:i; im.. i)j, yi ■ 
APfUL 17, ]973 

TIME DAY 

11:17 n.n. TUFS DAY 



Tlie PrisLdont and ciie First Lady escorced Prime Minister and 
Mrs. AndreotLi to their motorcade at the North Portico. 

TUe President and tlie First Lady returned to the second floor 
Residence. 

TiiG President talked with Mr. Kissinger .- 



s;i/cD/.io 



(1315) 



68. On or about April 17, 1973 John Ehrlichman had telephone conver- 
sations with Charles Colson, White House aide Ken Clawson, and former 
CRP campaign director Clark MacGregor. Ehrlichman asked Colson and 
Clawson about their recollections regarding Dean's allegations that 
Ehrlichman had told Dean to destroy documents from Hunt's safe and to 
order Hunt to leave the cotmtry. During the course of their conver- 
sation, Colson and Ehrlichman discussed nailing Dean by seeing that 
he not get imaunity. Each of these conversations was tape recorded 
by Ehrlichman. 



Page 

68.1 Transcript of a telephone conversation between 
John Ehrlichman and Clark MacGregor, SSC Exhibit 

No. 107, 7 SSC 3007-08 1318 

68.2 Tape recording of a telephone conversation between 
John Ehrlichman and Ken Clawson, April 17, 1973. 
(received from SSC) and House Judiciary Committee 
transcript thereof 1320 

68.3 Tape recording of a telephone conversation between 
John Ehrlichman and Charles Colson, April 17, 1973 
(received from SSC) and House Judiciary Committee 
transcript thereof 1325 



(1317) 

35-904 O - 74 - pt. 3 — 16 



68. 1 TRANSCRIPT OF EHRLICHMAN/MaaGREGOR TELEPHONE 

CONVERSATION, SSC EXHIBIT NO. 107, 7 SSC 2007-08 



3007 

EIXHIBIT No. 107 

Ccmrersation with Clark ilacGregor. 

E. Ehrlichman. 
M. MacGregor. 

B. Hi, Clark. Gee, you're nice to call back. 

M. Well, you bet, sir, I'm sorry I was away. I went to one of those very exdttng 
dedication ceremonies of the new building and housing with Federal Power 
Commission. 

E. Say I missed that. But I just want yon to know it wasn't because I wasn't 
invited. 

iL I want to give you a detailed report. 

B. That's why 1 called, really. 

M. We may get around to that someday. Actually, I think that's a great idea — 
they have a new building in the north capitol street area near Union Plaza 
area in that old. it's been torn up so much and they have a federal agency 
in there. I think it's a dam good idea. 

E. It helps the town. I am asking you to plumb your recollection, llr. Mac» 
Gregor. Back in the days following the Convention we were all at the con- 
vention and then if you will remember, the President went to San Clemente 
for five or six days and then he went on to Honolulu. 

M. Yes, I remember. 

E. Do you remember a sequence of events where we hatched a plot to have 
Clark MacGregor go out and make disclosures on the Watergate case? And 
said 

M. Yes. 

B. And said, wouldn't it be an ideal time when the President is in Hawaii so 
that he's detached and so on and so forth? 

II. I do recaU it. 
, E. And we had extensive discussions and I'm, what I'm trying to track down is 
a memo that was written about that and I can't find any record of it and 
it may be that I am just imagining that there is such a thing. 

M. John, I don't honestly recall a memo. Now, as I think back on that it may 
be that my recollection will change but I recall the circumstances that 
brought me to San Clemente and I think I came with some reluctance but 
not because of Watergate, because 

E. Other things you had to do. 

ar. Yes, that's right, and because Bob Haldeman said to me that he felt that 
it was imperative that I come out and visit with Bob and with you about 
the question of if you will White House oversight of Committee activities 
in certain key states. 

E. Oh, yes, that was the problem we discussed at the convention and so on. 
Yeah. 

M. And directly to our discussion which you and Bob and I think Fred Malek 
and I had a meeting in your ofiBce and that consumed much of the morning. 
We were — I think you and Bob and I were on some other matters for part 
of the mornine in Bob's office: then it seems to me we convened n>fllly in 
your office with Fred Malek ond then we met briefly with the President; 
then we trooped up to hear the President respond to the questions put to 
him ami thnr w"s Anernsf r>9 in the outdoor, sort of out door give and take 
session he had with the press. 

E. Yeah, yeah, goixi for you. 

Well, the thing th.it I am trying to recall is the details of this concent that 
we .<ihoutd m.ike a cle.in breast of the Watercate risht .it that time. It 
becomes material in this whole investigation that's ?oing on now only for 
the question of the part that .Tohn Dean may have played in giving advice 
that we ought not to do it at that time. 



(1318) 



68. 1 TRANSCRIPT OF EHRLICHMAN/MacGREGOR TELEPHONE 

CONVERSATION^ SSC EXHIBIT NO. 107, 7 SSC 2007-08 



3008 

M. Again, I'm going to rely on recollection and I'll look at home tonight, John, 
because I didn't retain a great many papers. I thought it was no purpose 
behind, somebody else was going to be the historian, but I do recall that 
sometime in advance of that San Clemente discussions which we just covered, 
which took place on August 29, sometime prior to that the idea was voiced by 
Maurice Stans or others that maybe I ought to go before the press and say 
here's the written accounting of what transpired and I'm prepared to answer 
your questions about this and that although I never saw a memo I did see 
a draft, a rough draft, which I think was the one filed through John Dean, 
which consisted of five to seven double spaced pages on regular 9 1 12 paper, 
non-legal siae i»per with a sort of a historical summary. That I know, that 
particular paper, I think probably came to my attention in my campaign 
oflBee at 1701 sometime a week to two weeks in advance of the Republican 
Convention and it resided for sometime in my right hand drawer of the desk 
where I kept papers that I wanted to pick out and look at from time to time 
but haven't decided to act on. I don't recall that there was any accompanying 
memo at any time or anything in letter form that referred to the question 
of whether Clark MacGregor should make this statement. 

E. We had some pretty heated telephone conversations, as I recall, abont your 
doing this. 

M. Well, I think that may be right. 

E. Yeah. You decided m your own mind that it was not a wise thing to do and 
we went back and forth, back and forth on it. Is that abont right? 

M. Yes. Maybe. I think— 'I felt one of, well, I think you may be ri^t, but I'm 
trying to probe my own recollection, my own motlvee. 

E. Yeah. 

M. It seems to me I felt at that time that certain things that were set forth 
there were things that were strange to me and that I would not be able to 
handle very well in terms of questions. And I think that rather than the 
question of the issuance of something it was a question of whether I was 
the appropriate person to . . . Maury Stans at that time was saying to me 
he wanted to do It 

E. Oh, yeah. Yeah, I rem«nber that, and you felt, in fact yon said what would 
I say if they asked me to vouch for these things and at that time yon bed 
conducted no independent investigation. 

M. Except yon should know that what I did was during the first week of July, 
that would have been on Monday, July 3, for the few people who were around 
and then more extensively on Wednesday, July 5. I did ask to come into my 
1701 office Fred LaRue, Jeb Magnider, Herb Porter and two or three others 
and simply close the door and put It to them face to face. 

E. One by one? 

M. Yep, did yon in any . . . were you in any way Involved or did you 
have any prior knowledge before June 17 of the events that are known as 
the Watergate? 

E. And they said no? 

M. Yeah. 

E. OK, if yon find it convenient and could rummage around and see if yon have 
anything on that particular transaction, I'd be very grateful to you. 

M. OK, I will. John, I'll be looking for that, as I say, that double spaced, I can 
remember it was on white paper and it was on first sheets, not onion skin 
and I don't know that it had any particular title, but it did run 5-7 pages. 

E. And it would been a sort of a script of what you might have said? Is that it? 

M. Or issued, or handed out to the press. Kind of a white paper. 

E. I get it. 

M. 'I think it was referred to by one or more persons at that time as a white 
paper. 

E. Well, the memo I had in mind was one that I wrote that was a conceptual 

thing that said this coincidence of event were coming off the convention, 

• McGovem is our opposition, Clark MacGregor is a bright new image, the 

President will be in Hawaii — why not take advantage of that coincidence 

of factors and let's make a clean breast of things. 

M. I recall that what you have just said was presented to me 1 think partly by 

Bob Haldeman and partly by you but I don't recall ever seeing it in writing. 

E. Yeah, yeah. OK. 

Thank you, Clark, sorry to have bothered yon. 
M. Oh, no bother. 



(1319) 



68.2 TRANSCRIPT OF APRIL 17, 1973 EHRLICEMAN/CLAWSON 
TELEPHONE CONVERSATION 



TRANSCRIPT PREPARED BY THH: IMPEACHMENT INQUIRY 
STAFF FOR THE HOUSE JUDICIARY COMMITTEE OF A 
RECORDING OF A TELEPHONE CONVERSATION BETWEEN 
JOHN D. EHRLICHMAN AND KENNETH CLAWS ON ON OR 
ABOUT APRIL 17, 1973 



EHRLICHMAN: Hello? 

CLAWSON: Hi, John. 

EHRLICHMAN: Hi, Ken, You called me. 

CLAWSON: No, I didn't call you. 

EHRLICHMAN: I'm sorry. I got a message at home to call you, 

CLAWSON: Huh, 

EHRLICHMAN: I'll be jiggered. 

CLAWSON: No, not at all, 

EHRLICHMAN: This is Ken Clawson? 

CLAWSON: Yep. 

EHRLICHMAN: Huh, 

CLAWSON: Unless it was Jim Clawson. 

EHRLICHMAN: Couldn't have been. Isn't that strange? 



(1320) 



68.2 TRANSCRIPT OF APRIL 17, 197 Z EURLICmiAN /CLAVSON 
TELEPHONE CONVERSATION 



CLAWSON: 



Nope. I didn't call you at all, John. 



EHRLICHllAN: 



Gee, I hope I didn't wake you up. 



CLAWSON: 



I m, I'm out of it with this damn cold. 



EHRLICHMAN: Aw--That's too bad. While I have you, could I ask you 
something? 



CLAWSON: 



Sure. 



EHRLICHMAN: I'm, I'm awfully sorry to bother you. Uh, you may recall 
a meeting in my office which I think you sort of convened 
to talk about a press report -- the, uh, this during the, 
the Watergate aftermath when it, when it broke -- a 
press report about Hunt's safe being in the White House. 
And you and Chuck and Bruce Kehrli came up here and met 
with Dean and me to talk about what to, you know, what our 
response should be, and so forth. Do you remember that? 

CLAWSON: Uh, vaguely. I remember better the, the, uh, an earlier 

meeting in which, uh, the question was, uh, should we give 
out Hunt's dates of employment, and did Charley, uh, -- what 
Charlie's role was in hiring him. 

EHRLICHMAN: Yeah. Well, this focuses particularly on, uh, what we 

ought to do about the contents of the safe, what we ought 

to say to the press, what we ought to do about Hunt, and so forth. 

-2- 



(1321) 



68,2 TRANSCRIPT OF APRIL 17, 1973 EHRLICHMAN/CLAWSON 
TELEPHONE CONVERSATION 

Do you have any present recollection of that? 

CLAWSON: A vague memory. Yeah. But I don't recall any of the 
details of it. 

EHRLICHMAN: Well, it's, it's interesting because Dean, uh, who as you know 
has talked to the U. S. Attorney at great length. 



CLAWSON; 



Yeah. 



EHRLICHMAN: uh, uh, cites some comments of mine in that meeting as evidence 
of corrupt attitude on my part. And, uh, I am looking 
for anybody who can, uh, help me to recall what took place there. 

CLAWSON: That's a hell of a note, John. 

EHRLICHMAN: /Laughs^/ 1 agree. Well, let me, let me -- 

CLAWSON: If you want me to be forthwith and straight forward with 
you, I'll recollect anything that you want. 

EHRLICHMAN: Well, no, uh -- Let me, let me tell you what my problem is, 
and then you can, you can, uh, uh -- As I rec--, uh--Don't-- 
I won't -- I'm -- Got to tell you what I recall and what I 
don't recall. He alleges that I said two things at that 
meeting. One, that we ought to "deep six" the contents of the 
safe, quote unquote, and two, that we ought to get Hunt to 
leave the country. 

CLAWSON: Oh, I could -- listen, John. If anything like -- If either 

-3- 



(1322) 



68.2 TRANSCRIPT OF APRIL 17, 1973 EHPLICHMAN/CLAWSON 
TELEPHONE CONVERSATION 



one of those two things were said that would be vivid in 
my recollection. 

EHRLICHMAN: I would think so. I would think so. 



CLAWS ON: 



And that's, you know, that's objectively. 



EHRLICHMAN: Now 



CLAWSON: /Unintelligible/ true. 



EHRLICHMAN: in point of fact. Dean phoned Liddy and asked Liddy to 
have Hunt leave the country. 



CLAWSON: 



That's new news to me. 



EHRLICHMAN: Yeah, but see this is -- and he's -- and what he is doing is 
saying, "Well, I was just being a good German and carrying 
out orders." 

CLAWSON: No, I, uh, I would have absolutely no trouble, in, in, in, 
in, in remembering either one of those two things had 
that been said. 

EHRLICHMAN: Well, okay, Uh -- 



CLAWSON: 



One would just remember that. 



EHRLICHMAN: Yeah, that's a, that's a fairfy, uh, that's a fairly dramatic event. 



-4- 



(1323) 



68.2 TRANSCRIPT OF APRIL 17, 1973 EHRLICHmN/CLAWSON 
TELEPHONE CONVERSATION 



CLAWS ON: 



Yeah. 



EHRLICHMAN: Okay. Thank you very much. 



CLAWS ON: 



Sure John. 



EHRLICHMAN: S--, awfully sorry to have bothered you. 



CLAWS ON: 



Not at all. 



EHRLICHMAN: I, I'm -- just don't understand — 

CLAWSON: /Unintelligible7 If there's anything I can do in this 
thing, please let me know. 

EHRLICHMAN: I will. I will. Thank you. Ken. 



CLAWSON: 



Sure, 



EHRLICHMAN: Bye. 



CLAWSON: 



Bye. 



-5- 



(1324) 



68.3 TRANSCRIPT OF APRIL 17, 1973 EHRLICHMAN/COLSON TELEPHONE CONVERSATION 



TRANSCRIPT PREPARED BY THE IMPEACHMENT INQUIRY STAFF 

FOR THE HOUSE JUDICIARY COMMITTEE OF A RECORDING 
OF A TELEPHONE CONVERSATION BETWEEN JOHN D. EHRLICHMAN 
AND CHARLES COLSON ON APRIL 17, 1973 



EHRLICHMAN: Hello. 

FEMALE VOICE: Hello. 

EHRLICHMAN: Hello. 

FEMALE VOICE: Mr. Colson's office. 

EHRLICHMAN: Yes. This is John Ehrlichman. 

FEMALE VOICE: Hi, Mr. Ehrlichman. 

EHRLICHMAN: Is Mr. Colson in? 

FEMALE VOICE: Yes, just a minute, please. 

COLSON: Hello. 

EHRLICHMAN : Hi . 

COLSON: Hi, John. I'll be over about eleven if that's 
convenient . 

EHRLICHMAN: Fine. That's very good. 



(1325) 



68. 3 TRANSCRTFT OF APRIL 17, 1973 EHRLICHmN/COLSON TELEPHONE CONVERSATION 



COLSON : 



Two quick questions, though — uh, well, one thing 
I should tell you is that our grapevine, uh, last 
night really started accelerating. Uh , something 
coining out this morning — "Dean involved" — uh, now 
I notice the L. A. Times has it this morning — but the 
people that Shapiro has been getting information from. 
You know the town is buzzing with — is alive with the 
story. 



EHRLICHMAN : 



Huh. 



COLSON : 



So I don't think we have a hell of a lot of time 



EHRLICHMAN ; 



All right. 



COLSON ; 



to beat anybody to 



EHRLICHMAN : 



All right. 



COLSON: 



the [unintelligible]. I just thought I'd let 
you know that. [Unintelligible] Did he, when he 
went over there — uh, was he given any immunity? 



EHRLICHMAN: Not yet. What they have done apparently — 



COLSON : 



They shouldn't give it to him. 



-2- 



(1326) 



68. 3 TRANSCRIPT OF APRIL 17, 1972 EHRLICHMN/COLSON TELEPHONE CONVERSATION 

EHSLICHMAN: I know it. Wtiat they said to Mm is tTiat unless Ke 
turns up corroborated evidence against Haldeman 
and me — 



COLSON : 



Is that who he's trying to nail? 



EHRLICHMAN : 



Sure. 



COLSON : 



Who? Dean is? 



EHRLICHMAN : Yup . 

COLSON: That's John Mitchell again. Son-of-a-bitch. 

EHRLICHMAN: Unless, unless he does that, he doesn't get immunity. 
Now my grapevine tells me that you are going to be 
summoned over there today. 

COLSON: Oh, really? 

EHRLICHMAN: Yup. And that uh, they are going to ask you about a 
meeting in my office which Dean has highlighted as 
the central uh, uh, gem stone in the case against me. 
And, uh, so just in case you get hauled over there be- 
fore eleven o'clock, maybe I'd better tell you about it. 
Uh, it was a meeting that Kehrli, Clawson, you. Dean 
and I had here . 



-3- 



(1327) 



68.3 TRANSCRIPT OF APRIL 17, 1973 EHRLICHMAIV/COLSON TELEPHONE CONVERSATION 



COL SON : 



I wasn ' t there . 



EHRLICHMAN: In my office? 



COLSON ; 



I was not there . 



EHRLICHMAN: 



Hm. 



COLSON : 



EHRLICHMAN : 



Dean tried this — Dean tried this one out on me 
Friday night, and I said "I — the only thing I 
can ever really recall, John, is I once told you that 
I thought it was a stupid God damn thing for Hunt to be 
a — , unavailable." 

Well, that's the, that's the meeting where supposedly 
I ordered him to tell Hunt to leave the country. 



COLSON ; 



Never heard that, and, and I will so state under oath. 



EHRLICHMAN: Uh, or that I, uh, admonished everyone that we ought 
to figure out some way to "deep six" the contents of 
Hunt's safe. 



COLSON : 



No. No way. I was the one who said, "Go get Hunt's 
safe and be sure it's preserved for the FBI." 



EHRLICHMAN : Right . 



COLSON : 



A. And B, it's stupid to get him out of the country 
but that was in my office, not in yours, and you 
weren't present. 



-4- 



(1328) 



68.3 TRANSCRIPT OF APRIL 17, 2973 EHRLICHMAM/COLSON TELEPHONE CONVERSATION 



EHRLICHMAN: No. 



COLSON : 



I can handle that one easily. 



EHRLICHMAN: But you were not in a meeting here? 

COLSON: Well, I may have been, but I sure don't remember 

that . 

EHRLICHMAN: That's the way. Okay. 



COLSON: 



All right? 



EHRLICHMAN: Yeah. 



COLSON : 



I can handle that , 



EHRLICHMAN: Thank you. 



COLSON : 



We'll see you — 



EHRLICHMAN: I'll see you at eleven. 



COLSON : 



There are a couple of things that you and I need 
to do to protect each other's flanks here. 



EHRLICHMAN: [Laughs] 



COLSON : 



But — Listen, we'll talk about that. 



EHRLICHMAN: All right. 



COLSON : 



But, uh — no, I'm serious. 



-5- 



(1329) 



68.2 TRANSCRIPT OF APRIL 17, 1973 EHRLICHMAN/COLSOF TELEPHONE 

CONVERSATION 



EHRLICHMAN: Well, uh — 



COLSON : 



Let's get. 



EHRLICHMAN ; 



fair enough. 



COLSON : 



EHRLICHMAN: 



let's get it, uh, clearly understood that that 
son-of-a-bitch doesn't get immunity. I want to 
nail him. 
Well, I'm doing my best. 



COLSON : 



No. I want to nail him. I'll take immunity first. 



EHRLICHMAN: Okay. 



COLSON : 



All right? 



EHRLICHMAN: All right. 



COLSON : 



Good. 



EHRLICHMAN: All right. 



COLSON : 



Thanks . 



-6- 



(1330) 



69. On April 17, 1973 at 10:26 a.m. Gray met with Petersen in Gray's 
office. Gray has testified that he admitted to Petersen that he had 
received files from Dean in Ehrlichman's office and told Petersen that 
he had burned the files without reading them. Petersen told Gray that 
the assistant D. S. attorneys would want him before the grand jury. 
During the afternoon of April 17 Petersen told the President that Gray 
had admitted destroying documents he received from Dean. 



Page 

69.1 L. Patrick Gray log, April 17, 1973 (received 

from SSC) ^332 



69.2 L. Patrick Gray testimony, 9 SSC 3471. 



69.5 White House edited transcript of a conversation 
between the President and Henry Petersen from 
2:46 to 3:49 p.m., April 17, 1973, 1, 38-40 



1334 



69.3 Henry Petersen testimony, 9 SSC 3624-26. 1335 

69.4 Henry Petersen testimony, Watergate Grand Jury, 
February 5, 1974, 26-27 (received from Watergate 

Grand Jury) ^338 



1340 



(1331) 



69.1 L. PATRICK GMY LOG, APRIL 17, 197Z 



DAILY LOG 

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(1332) 



69.1 L. PATRICK GRAY LOG, APRIL 17, 1972 



DAIu LOC; 

DIHECTOn'S OFFICE 

FEDEnAL DUnFIAU OF IN V CS1 IG ATION 



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(1333) 



35-904 O - 74 - pi. 3 -- 17 



r 




69.2 L. PATRICK GRAY TESTIMONY, AUGUST 3, 197&, 9 SSC 3471 



3471 

Mr. Dean told tlie prospciitoi-s that Mr. Khrlichnian had said to him. 
''Dean, you drive across the bridge each day, tlirow tiieni in the river."' 

I was extremely troubled at my denial to Mr. Petersen. I slept little, 
if any, tliat night. 

On Tuesday, April 17, 197:^. at approximately 9 a.m., I placed a call 
to Mr. Petei'sen on my private line. He was not in and I left word. He 
called me back and, at my request, we met in my office later in the 
morning. I started our meeting by admitting that Dean had given me 
two white manila files in Ehrlichman's office. He askfed if I had them 
and I told him 1 had burned them. He asked if I knew what was in 
them. I told him I had not read tlie files. He said, "The assistant U.S. 
attorneys will want you before the Federal grand jury.'* 

On Wednesday, April 25, 1973, 1 telephoned Senator AVeicker asking 
to meet with him. For a week I had thought about this matter and of 
Senator Weicker's staunch and valiant support of me and his warm 
friendship. I had a duty to tell him of these two files, yet my shame 
was so deep that it was liard to pick up the phone and call. 

Senator Weicker and I met twice that day in mj- office and again 
the next day. I told him the manner in which I had received the files, 
that I had not read them, and that I had torn them in half and thrown 
them in my burn wastebaskets under my desk in my office on July 3, 
1972, after returning from a visit to the San Diego and Phoenix field 
divisions. We discussed this subject at great length and he questioned 
me intensively on the entire matter. I persisted in my assertions to him 
that I had not read them, and that I had thrown them in my burn 
wastebaskets in my office on July 3, 1972. 

^ really cannot explain why I failed to tell Senator Weicker all the 
facts at this time and made the misstatements to him concerning the 
date I destroyed the files and my knowledge of what one of them con- 
tained. A sense of shame is all I can remember. I suppose I felt, in 
some irrational way, that I would look better in his eyes if I had 
destroyed them promptly and never looked at them. I have subse- 
quently revealed all the facts of the matter to Senator Weicker, the 
staff of this committee, the prosecutors, and the grand jurv. 

At the time I accepted the two files from Dean and Ehrfichman, at 
the time I desti'oyed them, and on the several occasions, prior to my 
denial to Plenry Petersen on April 16, in which I resisted disclosure of 
the fact that I had received and destroye<l the documents, I believed 
that I was acting faithfully, loyally, properly, and legally pui-suant to 
instructions given me by top assistants to the President of the United 
States. I have come to believe, however, what I shoiUd have realized 
then, that my acceptance of the documents in the fii'st place, and my 
keej)iiig them out of tiie nonnal FBI files, was a grievous misjudgment. 
My destroying tliem and resistance of disclosure only compounded the 
error. That the documents were not in fact Watergate evidence, while 
legally significant, does not lessen my present belief that I permitted 
myself to be used to perfoi-m a mere political chore. I shall carry the 
bui-den of tliat act with me always. 

Mr. Chairman. Tliat concludes my statement. sir. 

Senator Im;mx. Mi-, (iray, the conunittee got copies of your state- 
ment late and both counsels for the committee have not had an oppor- 
tunity to study it, and it is almost 4 ochx-k, aftei" ;"> days of hearings 



(1334) 



69.2 HENRY PETERSEN TESTIMONY^ AUGUST 7, 197Z^ 9 SSC 3624-26 



3624 

Mr. Dash. Around December 22, 1972, in connection with hearings 
on Mr. Bittman's motion, I understand, concerning certain items that 
were taken out of Mr. Hunt's safe, did ^Ir. Dean tell you that he had 
given certain items fi-om Mr. Hunt's files to Mr. (fiay ^ 

Mr. Petersen. Yes, we had an all afternoon session which started 
around 2 or 2:30 p.m. in whicli we were interviewing Mr. Dean, Mr. 
Fielding — Fred Fielding of tiie ^Vhite House staff, and Uiuce Kehrli 
with respect to their search of J.Ir. Hunt's office immediately after it 
was ascertained that he had some part in the break-in. 

Mr. Bittman in his motion on behalf of Mr. Hunt hsid alleged that 
there were two notebooks present among Mr. Hunt's possessions that 
were not accounted for in the FBI inventory and we were trj'ing to 
determine where they were, if they existed, did the FBI agents have 
them, did Dean, Fielding, Kehrli come across them, did they retain 
them or what have you, and we spent all afternoon interrogating those 
three people anticipating the3' would be called as defense witnesses 
on the motion to suppress. At approximately 6:30 that evening my 
recollection is we were interrupted with news on the DeCarlo com- 
mutation. 

Mr. Dean pulled me aside and said the statement in there were true, 
he had given everything to the FBI. but some documents he had given 
to Mr. Gray pei-sonally and T said. "Well, John, I jiist want to know 
one thing, are they related to Watergate," and he said, '"They are abso- 
lutely imrelated." I said, "Well, if you are asked that question, you 
are going to have to tell the truth." I remember his answer very vi\adly. 
"Henry, I will tell the truth. I am not going to lie for that damn 
Ehrlichman. I may lie for the President but I am not going to lie for 
him." I said, "Moi-e than that, John. I am willing to take your word 
that they are not related to Watergate, but defense counsel is not going 
to be. Now if vou ai-e asked tliat nuestion. those dncunifuts are goiiif 
to have to be produced and you had better talk to Pat Gray about it" 
and he said he would. We broke up on that note and we wei'e going to 
get back to it, supposedly. 

I was off on a Christmas holidav. When we came back, negotiations 
were undertaken with respect to the plea of guilty by Hunt and at 
the suggestion of the prosecutors I appro\ed the acceptance of a plea 
to three counts, the conspiracy coimt. buTglarv count, and eavesdrop- 
ping count, which as I recall would have subiected them to about 2.^ 
years, and the court went us on^ lx>tter and insisted they plead to 
everything, which they did. With the acceptance of the plea the motion 
to STippress was not pressed and. of coui-se. I guess I just 7io lon.ier 
had in the forefront of my mind those documents or that question 
'th respect to those notebooks. 

Mr. D.\sn. Did there come a time when you followed up and asked 
Mr. Gray whethei- or not he did receive certain documents out of 
Ml'. Hunt's safe from ^fr. Dean? 

Mr. Pr.i EiisKN'. Duiin^r the course of Afr. Gray's confirmation lioarin<r 
he had occasion to call me about some point and in tlu> coui-sc- of that 
conversation T had asl.-od liim \erv casually if he had e\er received 
docinnerits from John Dean from Hunt's safe or office wliich were not 
gi\en to the agents and lie said. no. The next occasion came on or 




(1335) 



69,3 HENRY PETERSEN TESTIMONY^ AUGUST ?, 1973, 9 SSC 3624-26 



3625 

about April 15 wlicii John Dean was bein^ clebriefod by tlie prosociitofs 
iiiul lie rolatcd tliis to him and Silbort askefl me about it and I said 
yos, and told liim I had asked Pat Gray and Pat Gray said no, and I 
went back to Pat Gray either on April IG or 17 and asked him again, 
told him what John Dean liad said, and he said Henry, that is not so. 
Abont this time I was having some discussion with the President about 
it. I had imparted this information to liim and he said well, I think 
Dean is telling the truth on this, you ought to ask Ehrlichman. "WTien 
I left there I went over to Ehrlichman's office and he was not there 
and I frankly did not botlier going back to him. "\Ve double-checked 
with Dean's counsel and they were sure of it and I went back to Mr. 
Gray the following week, around the 25th, 26th, and asked him again 
and this time he said yes, that he had received such documents, that 
they had implied that he ought to destroy them, that he had taken 
them home over the weekend and brought them back and tore them up 
and threw them in the burn basket. I said 

Mr. D.\SH. Did he tell you why lie had destroyed them, whether he 
was acting under instructions? 

Mr. Petkissen. "Well. I asked liim if he read them and he said no. and 
he said, well, they ju.stsaid thev were ))olitically sensitive. 

Mr. D.\sH. Did you say he did not know the contents of the papers? 

Mr. Petersen. I asked him if he read them and he said he did not. 

Mr. D.\sir. Where did you say that Mr. Gray went before he burned 
them? 

Mr. Peter.sex. He went to Connecticut. He was in travel status, as I 
recall his statement to me, and after he received the documents he was 
going up over the weekend or to make a speech and took the documents 
with him and told me he brought them back to the office and tore them 
up and pointed down to the basket beneath his desk and said I put 
them in there. 

Mr. Dash. Without reading them ? 

iVfr. Petersen. That is right. 

Mr. Dash. On the 26th, which was quite some time beyond the 
period we have been talking about, Mr. Gray has testified that on that 
day, apparently that is the daj- he did admit to you that he destroyed 
the documents, you said to him that you were scared and that you and 
he, ^[r. Gray, were e.xpendable and Mr. Haldeman and Mr. Ehrlich- 
man were not expendable. 

Did vou say anything like that to him and, if so. why? 

Mr. Petersen. I am not sure vou have the time right. Mr. Dash. .A.S 
I recall it, that was the night before Mr. Gray resigned. It was the dav 
on which this item that we aie discussing was publicized and T 
received a call from tiie President, as did Mr. Kleindienst in the 
evening, and the President asked me wliether or not I thought Mr. 
Gray ought to resign and I told iiim that T thought Mr. Grav"s posi- 
tion was untennblo. And he said we will discuss it with the Attorney 
General. He, too, had talked to tlio .Vttorney General and. of coui-so, 
I did discuss it with the .Vttorney (loneial and pursuant to the Presi- 
dent's instructions we asked Pat Gray to meet us and we did meet in 
the back office of Mr. Kleindionst's offire ai\d we discussed the situation 
and in my convei-satlons witli tlie President I cxpressetl some sym- 
pat'iy for Mi'. Gray, who T think most liighlv of. T liave no Iiesitancy : 
I liked the man very much. And I told the President. "Mr. President. 



(1336) 



L 



69.3 HENRY PETERSEN TESTIMONY^ AUGUST 7, 197Z, 9 SSC 3624-26 



3626 

T think lie is an inncx-ent victim,"' and the Presidont said, ''vos. TIenrv. 
mayl)e., bnt there are goin<r to l)e a lot of innocent victims befoie tliis 
is over." So it was in that context, the context of commiseration. I 
did not want to be there, we were in eti'ect, sugfresting that tlie man 
resio^i, and wlien Mr. Kleindienst went out of the room to talk to the 
President again, you know, I said Pat, we are all going to be embar- 
rassed before this is over, I am scared, we liave a constitutional con- 
frontation here, we have the Presidency of the strongest nation in the 
world teetering in the brink. I do not rememi>er saying that wc were 
expendable, Ehrlichman and Haldeman weie not, bnt I may have. 1 
was upset. 

Mr. Dash. Are you aware that Mr. Gray's testimony is that he 
informed you on April 17 that lie had received the do<?uments? Are you 
aware that at that earlier time he gave you that information '. 

Mr. Petersen'. Xo. sir. My recollection is that I went to see him on 
the 16th or 17th and he denied it, I went back to see him tlie following 
week after double-checking with Silbert and Dean's counsel and tlie 
President, what have you, and it was Tuesday of that week, I think, 
maybe the 25th, 26th. 

Mr. Dash. Do yon recall that sometime after the conviction of the 
seven Watergate defendants and the sentence, having lunch with Mr. 
Kleindienst, Mr. Dean and INIr. Ehrlichman and a question of leniency 
for the defendants coming up. 

Mr. Petersen. No, no, I never had 

Mr. Dash. Let me rephrase the question. Are j-ou aware of a lunch 
that Mr. Kleindienst luld with Mr. Dean and Mr. Ehrlichman in 
which a question of leniency came up concerning the defendants in the 
Watergate case ? 

Mr. Peter.sex. Well, I am aware of a time when T received a tele- 
phone call from Mr. Kleindienst who said I am just now leaving the 
White House and I am on my way to the airport and on the way by 1 
will stop by and you go downstairs and I will pick you up. You can 
ride out to the airpoi-t with me and I want to get some information 
from you, and I cannot fix the date except that it was a time when 
Mr. Kleindienst was going to Boston and he was meeting his wife at 
the airport. 

We rode out to the airport and he said. I just had lunch witli Dean 
and Ehrlichman and they raised a question of whether or not leniency 
could be accorded these defendants. And I said absolutely not. I said 
indeed, we are going to do just the contrary. It is not the practice in 
t]»e District of Columbia to recommend specific terms, jail temis. but 
it certainly is the practice to recommend for jail or no jail and we 
intend to recommend jail time for these people and lieyond that, after 
they are sentenced we intend to call them back and immimize them and 
in order to com[)el their testimony as to whether or not other pei-sons 
are involved, and if tliey are contumacious and refu.sed to testify- tliey 
will be held in contempt. We discussed more what the procedure was, 
the sentencing pi'oced'.ires aTul when they would be sentenced and what 
have yoTi, and he finally said do me a favor, go on back and go on 
over to the '\'\'Tiite House and tell tliose crazy guvs over rheiv what vou 
just told me before they do .sometliing thev will be sorry for. And 
I said, well, OK, and I went back to my office and on the way back 
T thoujrht I have not been over there yet and this is not the time to go. 



(1337) 



I 



I 

69.4 HENRY PETERSEN TESTIMONY, FEBRUARY 5, 1974, WATERGATE 25 

GRAND JURY, 26-27 



J conversation. It may have been. 

2 BY I'lR. F?^A^:?TON: 

3 Q Mr. Pe£:ers.2n, when was tha first tiine you leajrnsd 

4 that Gray had dastroyed tha rnaterial that he h^ad receivad? 

5 A Not until very, vary late in the investigation, 
g and that \-ja.s -- 

J Q It was well after April 15th, was it? 



8 
9 
10 
11 
.12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 



A Well, well after. It was a week after- l^en I 
went to Gray — tha second time, I went to Gray in person, 
and I think that was on, maybe, the 17th of April, and he 
denied it. We had a general discussion about it. 

Q He denied he'd even got the material? 

A That's right. He just said tbiat Dean was not tellir 
the truth- And then I told Silbert to go back, and then I 
reported to the president that Gray had said this wasn't true 
and the President said, "Well, talk to EhrlichiTian." - 

In the meant ire. Si lb art had gone back to Dean and 
he caire back and said, "Dean's firm on it." And then my 
recollection is that a week had expired and it was the succeed 
ing week -- maybe Tuesday or Wednesday — and I went to Gray 
again and, at that time. Gray said, you know, "Yes, that's 
true. They making a patsy out of me. I've been tak^n. I've 
been had." Or words to that effect. "I destroyed the docu- 
ments and tore than up and threw them in my burn basket." 

Q So you first learned about tha destruction, itself. 






(1338) 



69.4 HENRI PETERSEN TESTIMONy, FEBRUARYS, 1974, WATERGATE 

GRAND JURY, 26-2 7 1 27 

1 from Gray? 

2 A That's right. 



3 Q Not from the President or from Ehrlichman? 

4 A No. No. The discussion, though ^ ■I. :think was 

5 whether or not Gray had been instructed to destroy them. And 

6 ny recollection of the President's position was that Ehrlich- 

7 man said that he had not. That's ray recollection of the 

8 discussion. 



(1339) 



69.5 WHITE HOUSE EDITED TRANSCRIPT OF APRIL 17, 1973, 2:46-2:49 P.Y.. 
'TETING 1 , 38-40 

ICGO 



Appendix 41. Meeting: The President and Petersen, Oval Office, 
April 17, 1973. (2:46 - 3:49 p. m. ) 



Steward - Mr. Peterson 

P Right. 

P All right - he can come in. 

Steward - Have him come in now. Sir? 

P Yeah. 

P Hi. 

HP Mr. President, how are you? 

P Sit down, sit down. 

HP Thank you, Sir. 

P (Inaudible) meeting' - in the middle of the night 

for a change. The, ah, anything new I need to 
know? 

HP No, Sir, ah. 

P Don't. As a matter of fact, I don't want you 
really to tell me anything out of the Grand 
Jury unless you think I need to know it. If it 
corroborates something or anybody here I need to 
know it - otherwise I don't want to know about it. 

HP No, Sir. 

P. That's good, because I find - Incidentally, if 
I might - I don't think I like - for example, 
I haven't been in touch with John Mitchell but 
he might call me sometime and I don't want to 
be a position of ever saying anythi.ig, see? 



(1340) 



69.5 WHITE HOUSE EDITED TRANSCRIPT OF APRIL 17, 1973, 2:46-3:49 P.M. 
MEETING 1, 38-40 



I HP 



-38- 1C3/^ 

HP Damn, 1 admire your strength. I tell you. 

P Well, that's what we are here for. 

HP Well I know but I've been around government long 

enough. . . 
P Frankly, the Dean thing troubles the hell out of 

me - I would lika in one sense I would like to 

see the poor bastard you know, out of it and in 

another sense I think the immunity thing scares 

me to death. 
HP Well it does me too. I agree. 
P How shall we leave that? You will go back and - 

you haven't made a decision then? 
HP Well we're still negotiating. 
P You are going to try to see if you can get it 

another way - 
HP That's right - that solves the problem for me - 

and if ... 
P But you may not be able to and then we will have 

to get Dean. He is the only one, so - otherwise 

you go the other way. 

Yeah. Incidentally, I talked with Pat Gray 

again - 
P Yeah 

HP I went back again today 
P Do you think you can put that piece together? 



(1341) 



69.5 WHITE HOUSE EDITED TRANSCRIPT OF APRIL 17, 1973, 2:46-3:49 P.M. 
MEETING 1, 38-40 . 

-39- 1C93 



HP Yes sir - I'll tell you what happened. He said 

he met v/ith Ehrlichman - in Ehrlichman' s office - 
Dean was there and they told him they had some 
stuff in Hunt's office that was utterly unrelated 
to the Watergate Case. They gave him two manilla 
envelopes that were sealed. He took them. He says, 
they said get rid of them. Dean doesn't say that. 
Dean says I didn't want to get rid of them so I 
gave them to Gray. But in any event. Gray took 
them back, and I said Pat where are they, and he 
said I burned them. And I said - 

P He burned them? 

HP I said that's terrible. 

P Unrelated - only thing he can say was - he did it 
because it was political stuff I suppose? 

HP Well, you know, the cynics are not going to believe 
it was unrelated. 

P Oh yes of course. 

HP I said, did you read it? 

P Who handed it to him. Dean? Who knows the contents? 

HP Dean and Ehrlichman. Dean — Gray says he never 
looked at it - never read it. 

P Did Dean? - did we ask Dean what the contents 

were? 

HP 1 didn't ask Dean because he said it was - 



(1342) 



69.5 WHITE HOUSE EDITED TRANSCRIPT OF APRIL 17, 1973, 2:46-3:49 P.M. 
MEETING 1, 38-40 ^ ^ _ " 



1C39 

-40- 



P Did anybody? 

HP Not at this point. We'll have get to that 
obviously. 

P Sure. Dumb damn thing to do. 

HP I think it is incredible and I just - 

P Why didn't he just put it (inaudible) 

HP I said Pat why did you do it. 

P Pat's naive. 

HP He said - well, I suppose because I took them at 
their word. . . 
(Apparently someone brought in a statement) 

P (Inaudible) Oh this is a (inaudible) Senate Select 
Committee. Let me read it to you if you can 
(inaudible) it for me a little. "For several weeks 
Senator Ervin and Senator Baker and their counsel 
have been in contact with White House representatives, 
Mr. Ehrlichman and Mr. Garment. They have been 
talking about ground rules to preserve the 
separation of powers without stressing facts. I 
believe that the Committee ground rules that have 
been adopted totally preserve the doctrine. They 
provided the. .. appearance by a witness named - 
in the first instance to be in executive session 
if appropriate. Second, the executive privilege 
would be expressly preserved (inaudible) proceeding 
would be televised ( inaudible) ... that has never 



(1343) 



70. On April 17, 1973 from 12:35 to 2:20 p.m. the President met with 
H. R. Haldeman and John Ehrlichman. Ronald Zlegler joined the meeting 
from 2:10 to 2:17 p.m. There was a discussion about what to do about 
Dean and what Dean might say if he were fired; about the motive for 
making payments to the defendants; about what Strachan would say con- 
cerning intelligence material received from Magruder; and about whether 
Dean had reported to the President in the summer of 1972. There was 
also disctission of a press plan. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

70.1 President Nixon daily diary, April 17, 1973, 

Exhibit A8, In re Grand Jury , Misc. 47-73 13A6 

70.2 House Judiciary Committee staff summary of ^-Jhite 
House edited transcript of a meeting among the 
President, H.R. Haldeman, John Ehrlichman, and 
Ronald Zlegler, April 17, 1973, 12:35 - 2:20 p.m.., 



1350 



(1345) 



:/i 



70. 1 PBESIDEflT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 

H!itSIO£Mf RlCfWIilJ M!Xriil'3 O.-MLV OIASV 



I »■ ■ — -^ 



■|!;r. U'ilfTE lUlUSi; 
l.'VSIir^r'i-OX, D.C. 



9:18 
9:19 
9:30 

9:47 

9:59 

10:05 

10:05 



10:29 



10:29 



10:34 



10:34 



9:25 
9:46 

9:59 
10:00 

10:28 



!■ I-;.. C.I 

K Fc.c. rl 



10:34 



12:19 



ii.'. ;l r.M 

AI'ltfL 17, 107 

"•■!H r.'.Y 

9:1?, .-:. 






TC^SDAV 



Tlic rre5^Ldent ;;enC to the Oval Oft ice. 

The President talked witli his Counsel, John I-.'. Dsan III. 

The President mat with his Special Consultant, Leonard 
Garment . 

Tne President met with his Assistant, H..Pv. Haldeinan. 

The President met uitli the First Lady. 

The President and the First Lady went to the South Grounds of 
the IJhite House. 

The President and Lhe First Lady participated in an arrival 
ceremony honoring Giulio Andreotti, President of the 
Council of Ministers of the Italian Republic. For a list 
of members of the welcoming connictee and of the official 
Italian party participating in the ceremony, see APPEKDIX 
"A." 

The President and the First Lady escorted Prir.e Minister and 
Mrs. Andreotti to the Blue Room. 

The Presidential party received members of the official 
Italian and U.S. parties. Assisting in the receiving 
line were: 

William P. Rogers, Secretary of State 

Mrs. William P. Rogers 

Adm. Elmo R. Zurai/alt, Jr., Chief of Naval Operations 

Mrs. Elmo R. Zumijalt, Jr. 

The President returned to the Oval Office. He was 
accompanied by: 

Prime Minister Andreotti 

Neil A. Seidenman, State Department interpreter 

Mrs. Anna Saxon, State Department interpreter 

The Presi'.lent net with: 

Prime Minister Andreotti 

Andrea Cagiati, Diplonutic Advisor to Prime >Linister 

Andreotti 
Henry \. Kissint;e'', -Assist.irit 
Mr. Seidenman 
Mrs. Sa::o;i 

Members of tiie pre.~.-'-, l:;.'.''uC 
\n\lt.- Unu.u- p!!ot.>.u'.::'^.-:-. i^r/out - ■ 'C 



■■'/■ 



(1346) 



?0.1 PRESIDENT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 



\-,riirf HOUSt 



PRESIDLMr RICHAf?D MIXON'S DAIIY DIARY 



iS.c T. i.rl R< ...t /... lo-l All. 



IM 



'.-."ASI'-INGTON', P.C. 



Al'lUL 17, 1973 

riMt liAY 

12:19 p.ui. TUESDVi 



WHONE 
P Pl.l,c,l 



12:19 



12:23 



12:23 






35 

12:35 
2:10 



2:30 
2:39 
2:46 

3:50 

4:41 
4:41 

4:46 
4:48 
5:09 
5:15 

5:20 
5:50 
5:50 

6:17 

6:55 

7:15 



12:24 

2:20 
2:20 
2:17 

2:40 

2:40 

3:49 

4:35 



4:46 



5:03 



5:16 



6:19 
7:14 
7:14 

6:21 



The Presidential party went to the South Grounds of the 
Uliite House. 

Tlie President and Mr. Kissinger returned to the Oval Office. 

The President met with Mr. Kissinger. 

The President met with: 
Mr. Haldeman 

John D. Ehrlichman, Assistant 
Ronald L. Ziegler, Press Secretary 

The President met with Mr. Ziegler. 

The President talked with Mr. Ehrlichman. 

The President met with Assistant Attorney General Henry E._ 

Petersen. 

The President met with: 
Mr. Haldeman 
Mr. Ehrlichman 

The President went to the Press Room. 

The President addressed members of the press on the 
developments in the Watergate case. 

IVhite House photographer, in/out 

The President returned to the Oval Office. 

The President met with Mr. Ziegler. 

The President t.fent to his office in the EOB. 

The President met with his Special Assistant, Stephen B. Bull. 

The President met with: 
Secretary PvOgers 
Mr. Haldeman 
Mr. Ehrlichman 

The President talked with Mr. Ziegler. 

Tlie President was telephoned by Mr. Kissinger. Ti\e call was 
not conpXeted. 

The President returned to the second floor Residonce. 



(1347) 



70. 1 PRESIDENT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 



ViHl'L 


HOUSt 






H.-<tSIDc.^li HICllAHD NIXON'S DAILY OIARY <3 ' A - p 


1"; •■ 1 l»\\ 


I'l '■■AN DATE CM. . l)j,. y, , ■ j 


/J'RIL 17, 1973 
T;;L; VMlVr. llOi,'SF. ti.ME "day 


'.■■..•.SIII.NCTON, U.C. 7:36 D.n. TUESDAY 


TIMK 


niovr 
r- (■: .■.■.! 


A' I(VI."i" 


In 


Out 


lo [ I r» 




7:36 


7:33- 


K 




The President Calked wicli Mr. Kissinger. 


8:02 








T.ic President v/ent to the North Portico. 

The President greeted Prima Minister and Mr.=: . Andreotti. 
Members of the press, in/out 
Ifliite House photographer, in/out 


8:03_ 








The Presidential party went to the Yellow Oval Room. 


8:03 


8:21 






The President met with: 
Tne First Lady 

Vice President and Mrs. Spiro T. Agnew 
Prime Minister and Mrs. Andreotti 
Secretary and Mrs. PvOgers 

John A. Volpe, Ambassador from the U.S. to Italy 
Mrs. John A. Volpe 

Giuseppe Medici, Italian Ilinister of Foreign Affaiirs 
Egidio Ortona, Ambassador from Italy to the U.S. 
Mrs. Egidio Ortono 


8:22 








The President and the First Lady, accompanied by Prime 
Minister and Mrs. Andreotti, went to the Blue Room. 
Enroute, they participated in a photo opportunity at the 
foot of the Grand Staircase. 

White House photographer, in/out 


8:22 


8:39 






The Presidential party received dinner guests. 


8:39 


10:11 






The President and the First Lady hosted a State Dinner in 
honor of Prime Minister and Mrs. Andreotti. For a list 
of dinner guests, see APPENDIX "B." 


10:11 








Tne President and the First Lady went to the Grand Hall. 


10:11 


10:32 






The President and the First Lady received guests attendinc 
the entertainment portion of the evening. For a list ct 
attendees, see APPENDIX "C." 


10:32 








Tne President and the First Lady, accompanied by Priinc 
Minister and Mrs. Andreotti, v/ent to the East Ro^ti. 


10:33 


11:17 






The President and the First Lady attended a peri:oiT.'..;;:>-o b^' 
sinf^er I'rnnk Sinatra. For a list of puosc.-;. r^o^- 
API'fl-XDIX "B" and APPEMDIX "C." 

rU-mber.s of the press, iii/ouc ; 

Uliite House pliocogrnp'ior, in/miC i 










..i 



(1348) 



70.1 PRESIDENT ItlXON DAILY DIASl, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 



PSESIOtMf U\<:U:\itD riv'.OMS DAILY D'AfiY 



,,: K'tinF iiousr. 

■•.^.ilNCTON'. D.C. 



•->r,. 1. 

in;; 



11:17 



11:20 



11:45 



12:0^1 



1^. ; [ [% 



APt'.lL 17, 1973 

I1M£ HAY 

11 :17 o.n. TUESDAV 



Tlie President ar.cl tlie First Lady escorted Prine Minister and 
Mrs. Andreotti to their mote rc.idc at the Kortli Portico. 

Tlie President and the First Lady returned to the second floor 
Residence. 

Tlie President talked with Mr. Kissinger.- 



SM/cn/JI) 



35-904 O - 74 - pi. 3 -- 18 



(1349) 



70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 197 S, 12:35-2:20 P.M. MEETING 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
April 17, 1973. 12:35 to 2:20 p.m. 



On April 17, 1973, the President met with H. R. Haldeman 
and John Ehrlichman in the Oval Office from 12:35 to 2:20 p.m. 
Ronald Ziegler was present from 2:10 to 2:17 p.m. The transcript be- 
gins with the notation, "Material not related to Presidential actions 
deleted." (p. 1) 

Ehrlichman told the President they had a press plan, but 
it rested upon some decisions that the President had to make on 
"sort of an action plan." Ehrlichman said he had just met for an 
hour with Colson, who was very concerned and said he had to see the 
President. Colson wanted to explain in length to the President why 
Dean had to be dealt with summarily, Ehrlichman said. Ehrlichman said 
that Colson 's argument would be that "the City of Washington, generally 
knows that Dean had little or no access to you." The President responded, 
"True, that's quite right. Dean was just a messenger." Ehrlichman con- 
tinued, "That knowledge imputed to us is knowledge imputed to you" 
and that if Dean testified that "he imputed great quantities of know- 
ledge to us, and is allowed to get away with that, that, that will 
seriously impair the Presidency ultimately" because it would be "very 
easy to argue - that all you have to do is read Dean's testimony - 
look at the previous relationships - and there she goes!" So, said 
Ehrlichman, Colson argued that the key was that Dean should not get 



(1350) 



70.2 HOUSE JUDICIABY COmdITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 197 Z, 12:35-2:20 P.M. MEETING 

immunity. The President said, "Well, he told me that, and I couldn't 
agree more." (pp. 1-2) 

Ehrlichman told the President that Colson said the 
President had total and complete control over whether Dean got 
immunity through Petersen and that Colson would be glad to come in 
and tell the President how to do it, why, and all that stuff. The 
President said that he did not want Colson to come in, that he felt 
uneasy about that, his ties and everything. The President said, "I 
realize that Dean is the (unintelligible). Dean, of course, let's 
look at what he has , his (unintelligible) and so forth about (unintelligible) 
go popping off about everything else that is done In the government 
you know, the bugging of the — " Ehrlichman said that the question 
was "which way he is liable to do it most." The President said that 
if he got immunity, he would want to pay just as little price as he 
could. Ehrlichman responded that the price, the quid pro quo for 
Immunity was "to reach one through us to all of us." Ehrlichman 
said Colson argued that if he were not given Immunity, then he 
would have "even more Incentive to go light on his own malf actions [sic] 
and he will have to climb up and he will have to defend himself." (p. 2) 

The President said that when he talked to Dean he told him 
he understood the tactic of all three resigning and that Ehrlichman 
and Haldeman had offered to resign. Haldeman asked whether they had 
told him that the price of his immunity was that they resign, did they 



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feel that made their case or did he have to give them evidence? The 
President replied, "I don't know. He's going to have a tough time 
with that." (p. 3) 

Ehrlichman told the President that his action plan Involved 
the President's suspension or firing of Dean in the course of an 
historical explanation of the President's reliance on the Dean report 
and his apparent unreliability. The President replied that Garment 
had been in that day and said that it was going to come out anyway, 
and that was Petersen's view, as well. The President said Petersen 
told him on Sunday that it was all going to come out and Haldeman 
and Ehrlichman were going to resign. The President said he had asked 
Petersen again the preceding day, saying that it was "pretty damned 
flimsy," and Petersen said that he was not talking about legal 
exposure but about the fact that "as this stuff comes out they're 
going to be eaten, but eaten alive" and that the clamor will be 
something the President could not stand . The President said he 
asked Petersen if it would be better "to get leave or something," 
and he said, "No, this is the government," that they couldn't later 
have Haldeman against Dean, and Haldeman against Ehrlichman, Ehrlichman 
against Dean, because they'd definitely say, "Mr. President, can't 
you let these fellas - - -" (pp. 3-4) 

The President said, "That's an argument to be made," that 
it was Garment's argument and he guessed Rose agreed with it. The 



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TRANSCRIPT OF APRIL 17, 197Z, 12:25-2:20 P.M. MEETING 

President said that his problem was "at the present time, I just don't 
want to have to talk to each of these sideline people Individually, 
'cause I don't know," After some discussion of whether a Times leak 
was from Garment or the Justice Department, the President said that 
Dean supported the Garment plan and had talked to Garment. (p. 4) 
Ehrllchman said that Dean had talked "to everybody In this place," 
and the President said, "I told him not to talk to him any more." 
The President then said, "But you see Dean ~ let's see, what the 
hell — what's he got with regard to the President? He came and 
talked to me, as you will recall, about the need for $120,000 for 
clemencies — " Ehrllchman said, "You told me that the other day, 
I didn't know that before," and Haldeman said, "so what?" The 
President continued, "I said, what in the world John, I mean, I 
said John you can't (unintelligible) on this short notice. What's 
it cost (unintelligible) I sort of laughed and said, 'Well, I 
guess you could get that.'" Ehrllchman asked, "Now is he holding 
that over your head?" The President replied, "No, No, No, I don't 
think Dean would go so far as to get into any conversation he had 
with the President — even Dean I don't think." Haldeman said 
Dean could not , mentioning executive privilege. The President said, 
"lYjou've got to figure that Dean could put out something with 
somebody else." The President said to Ehrllchman that that was 
the only thing Dean had told him but that he had not yet asked him 
about the Llddy thing with Ehrllchman. Ehrllchman said, "Oh well. 



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they'll be one of those a day." The President asked, "Well, the 
point is can we survive it? . . . Can Haldeman and Ehrlichman 
survive it." The President said he knew that "you'll go out and 
throw yourselves on a damned sword," that they were "the two most 
valuable members on the staff. . . [,] the two most loyal and the 
two most honest." The problem, the President said, was that "I do 
not want to be in a position where the damned public clamo 
as it did with Eisenhower, with Adams, makes it necessary or calls — 
to have Bob come in one day and say, 'Well Mr. President, the public - 
blah blah blah - I'm going to leave.'" That was the real problem, 
the President said, and he didn't think kicking Dean out would do it, 
though he was not ruling out kicking him out . "But I think you got 
to figure what to hell does Dean know. What kind of blackmail 
does he have? I don't know what all he does — " (pp. 5-6) 

Ehrlichman then suggested that the President had Dean 
telling him that he had talked to the U. S. Attorney and told him 
a lot of things he had done wrong, so the President should put him 
on leave . The President said that he had asked Dean that , and Dean 
said he would go on leave along with Haldeman and Ehrlichman, Ehrlichman 
said that Dean was not in any position to bargain with the President 
on that. The President said that Ehrlichman had been charged by a 
U.S. Attorney and Petersen, but Petersen was not charging Ehrlichman 
with legal wrongs. Ehrlichman said that was what he meant, that he 
understood the difference, and that Dean had broken the law. The 
President said Petersen had told him that, because of the evidence. 



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TRANSCRIFT OF APRIL 17, 1973, l? .:^^-2:20 P.M. MEETING 

"Haldeman and Ehrlichman should (unintelligible) now I 'm faced with 
that damned hardship." (pp. 6-7) At this point In the transcript, 
there is a deletion of "material not related to presidential actions." 
(p. 7) 

The President then returned to Colson's thought that it 
would be in order not to give immunity and asked what he should tell 
Petersen about immunity for Haldeman and Ehrlichman. Haldeman 
replied, "Well, tell him not to give us immunity either." The 
President said, "(unintelligibly that's a problem. Now, come onl" 
Haldeman said that it was none of his (presumably Petersen's) 
business whether the President suspended them or not, it was the 
President's decision. The President said he knew it was, but that 
if he didn't suspend them, he (presumably Petersen) would give him 
(presumably Dean) Immunity. "That's the problem (unintelligible) 
unbearable." Dean, said the President, "is the guy that he's got 
to use for the purpose of making the case." (pp. 7-8) 

The President said Petersen said he legally had a case 
on Ehrlichman and that on Haldeman It would have a lot to do with 
what Strachan and Kalmbach said, "the 350 thing and that sort of 
thing." Haldeman said, "Kalmbach has no relation to me on that." 
The President asked, "Have you given any thought to what the line 
ought to be — I don't mean a lie — but a line, on raising the 
money for these defendants? Because both of you were aware of what 
was going on you see — the raising of the money — you were aware of 
it, right?" Ehrlichman said, "Yes, sir." The President continued. 



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"You see, you can't go in and say I didn't know what in hell he 
wanted the $250 for." Haldeman said, "no." The President said, 
"You say that our purpose was to keep them from talking to the 
press," and Ehrlichman said that was his purpose and that before he 
got too far out on that he wanted to talk to an attorney and find 
out what the law was. The President replied, "Right!" Haldeman 
said, "That's just what I want to do too." The President said, 
"Right. Good." He continued that he thought that it involved 
"all our people," including Kalmbach and what Kalmbach was told, 
Ehrlichman told the President, "[W]hen the truth and fact of this 
is known, that building next door [EOB] is full of people who knew 
that money was being raised for these people.^' The President said, 
"Many who know, but there were not so many actors. In other words, 
there's a difference between actors and noticees." Ehrlichman said 
that he was not an actor and that he wanted the President to think 
very critically about the difference between knowledge of the general 
transactions going on and being an affirmative actor because that was 
the difference between him and Dean. (pp. 8-10) 

Ehrlichman questioned whether in the orderly administration 
of justice it looked right for anybody in the White House to get 
Immunity, no matter how many other people he Implicated. (p. 10) 

The President and Haldeman then discussed Garment's view 
on whether there should be a public statement that day, (pp. 10-11) 
The President then said that LaRue and Strachan had been called. Dean 
"might put up a story of the times," and "Iy]ou never kiow. We don't 



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need a Haldeman/Ehrllchman." Ehrllchman replied that it was 
"typical Dean position"; if Dean was treated different from them, 
he would say he was a scapegoat for higher-ups . Haldeman said that 
figured because he knew Ostrow and Ostrow covered Justice. The 
President speculated about whether the press had any more; and 
Haldeman said that he thought they probably had more in the Committee, 
not in the White House, that he didn't know what it could be unless 
they got Colson stuff, and that Colson was the only area where there 
was any jeopardy in the White House. (pp. 11-12) 

Colson 's position with regard to Dean was further discussed. 
The President said that if he told Dean to leave that day Dean would 
go out and say that the President was covering up for Ehrllchman 
and Haldeman because the President knew what he knew. The President 
said, "I'm trying to look and see - John - what to hell we are really 
up against. First it was Liddy (unintelligible) scapegoat, now John 
Dean is," Haldeman said the answer, if Dean said it publicly, was that 
'the President is not covering up for anybody and will not tolerate — 
The President said that the way Dean put it to him was very cute, that 
he said that if Haldeman and Ehrllchman were willing to resign he 
would too, leading the President to the conclusion that Dean was doing 
what his attorney told him to do. Ehrllchman agreed, saying that it 
would be argued to the U.S. Attorney that the President thought enough 
of Dean's charges to let these guys go. Dean, said Ehrllchman, had In 
effect confessed the commission of crimes to the President . The 
President said, "'And charges you. . . .And I said, 'Now wait - these 
charges are not — ' and you see he also has an alibi in the U.S. 
Attorney — " (pp. 12-14) 

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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
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Ehrllchman returned to his plan, which he said would 
Involve a recounting of how the President got into his personal 
investigation by reason of Dean's being unable to reduce his full 
report to writing for the President, that this rang a bell, and that 
the President personally turned to and had spent a great deal of time 
in the last several weeks on this and had seen dramatic progress 
in the grand jury in the last several days. That, said Ehrllchman, 
would be Step 1, and in addition the President would say that the 
Ervin committee had come up with a good set of ground rules. The 
President asked about executive privilege before the Ervin Committee. 
Ehrllchman said it was reserved, and the President said fine. Haldeman 
said, "At this point, the way we're in the soup now, we can lose 
nothing by going. . . .1 think we may gain," and the President 
agreed, (pp. lA-15) 

Ehrllchman said that was all he had for today, but he 
said, "Il]t gets you into the case — its you leading it. It notices 
the progress and the Grand Jury as related to your efforts and it doesn't 
say what they are." The President said that the point was that the 
story today was that Dean was suspended and then Dean was going to 
be out saying the President had Indicated that Haldeman and 
Ehrllchman might go, too. (p. 15) 

Haldeman suggested that Dean not be aispended , but that he 
be instructed not to come to work any more, and that the same be 
done for him and Ehrllchman. Haldeman said he had concluded that 
his course was that he had to put out his story, in total and in 



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70.2 HOUSE JVDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. MEETING 

his words, before he went to the Senate Committee. The President 
said he thought Haldeman would never get to the Senate Committee 
because the hearings would never go forward. Haldeman said he 
thought there was no chance of their not going forward ; it would 
be great if they did not and maybe then he would never tell his 
story; but his view was that at some point in time he was going 
to have to tell it. The President suggested that Haldeman reserve 
the right to tell his story until he felt he had to go to the 
Committee hearings or he got to a point where he was nibbled to death. 
Haldeman added until a partial charge came up, for instance if the 
grand jury leaked or the Justice people leaked the Strachan stuff, 
forcing his hand. (p. 16) 

Subject to attorney's advice, Haldeman and Ehrlichman 
asked to be relieved of their normal duties in order to prepare for 
their appearance. Both asked to be able to come into the office, 
Ehrlichman saying that he needed to get to records, date books, 
and correspondence to prepare a defense, Ehrlichman told the 
President that he had "pretty much unplugged myself of my day-to- 
day stuff, because irtth this kind of stuff going on you just can't 
think about anything else." The President replied, "Of course, it's 
been a little hard for me to also." (pp. 16-18) 

The President asked about Dean coming in and said he 
thought he had told Dean to have noth^ng more t^- do with this case. 
Ehrlichman said if that was so Dean was "sure not following out 
your orders." Ehrlichman said that he imagined Dean had "carted 

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TRANSCRIPT OF APRIL 17, 1975, 12:25-2:20 P.M. MEETING 

stuff out of here by the bale," and Haldeman said that if the 
President suspended him or told him to leave in any way "you also 
move in to take care of his files." (pp. 18-19) 

The President asked whether he could tell Dean that 
Haldeman and Ehrlichman had requested to be relieved of their main 
duties to prepare for their grand jury appearance. Haldeman said 
that the trap the President would be falling into there was that he 
would be admitting to Dean ftiat he regarded the allegations Dean 
raised against Haldeman and Ehrlichman as of the same validity as 
Dean's own criminal admission to the President. The P'^esident said 
there were two different levels, and Ehrlichman said then that was 
the way it ought to be put . Ehrlichman said Dean had "brought in a 
lot of silly garbage about me which doesn't add up to a nickel's worth 
of a law suit," but had told the President that he had been involved 
"in all kinds of stuff," and it was "a very different qualitative 
problem." (p. 19) 

The President wondered whether or not he trapped himself 
by telling Dean that both Haldeman and Ehrlichman offered to resign. 
Ehrlichman said he had offered to resign at the President's total 
and sole discretion and the President didn't have to have a reason, 
(pp. 19-20) 

The President said that Petersen realized that before he 
could try to give Dean immunity he had to have corroborative testimony 
on the value of Dean's evidence and that was what Petersen was trying 



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TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. MEETING 



to get by calling Strachan, Colson, Kalmbach, et al. The purpose, 
the President said, was to get corroborative evidence that Dean's 
evidence was so valuable as far as other people were concerned that 
he should therefore be given immunity. The President asked 
Ehrlichman if that made any sense. Ehrlichman said he didn't know, 
and the President said, "But you see what his tactic is?" (pp. 20-21) 

Ehrlichman said he didn't know what the previous commitment 
to him (presumably Dean) was , but that he was not being fired or 
suspended, he was being directed to stay away from the office. The 
President said that he might put it that since he was taMng to a 
U.S. Attorney, if he could put it that way "I might be able to make 
some hay. Bring the U.S. Attorney in. And I'll say don't give 
him immunity." Ehrlichman added, "From a public policy standpoint." 
The President again described what Petersen had told him. (p. 21) 

Ehrlichman tdd the President, "If this is awkward for you, 
the best thing you should do Is getrid of me, . . . once and for all." 
Anything short of that, Ehrlichman said, it seemed to him the Presi- 
dent had to take into account qualitative differences. (p. 22) 

Ehrlichman said that if the President did not want to make 
a formal suspension of Dean, the thing to say was "I want you to 
stay away from the office. Just don't come around, because I know 
everything that happens in this building is being funneled directly 
to the U.S. Attorney through you, or I have reason to think that, 
and I cannot have that situation." (p. 22) 

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The President asked Ehrlichman if his fear was Dean 
getting immunity, and Ehrlichman said it was that Dean or anybody in 
the White House getting immunity "is in itself treatable as a 
cover-up." Ehrlichman told the President that the things Ehrlichman 
would have to say about Dean would be "that Dean was the sole proprietor 
of this project, that he reported to the President, he reported to me 
only incidentally." The President asked about Dean's reporting to the 
President, and said to Ehrlichman that the problem Ehrlichman had there 
was that Dean had a point that Ehrlichman had to realize. Dean, 
the President said, did not see him until the day Ehrlichman told 
the President he ought to talk to Dean. The President said ha 
thought that was in March. Ehrlichman replied, "All right," and 
repeated that the basic point was that Dean was in charge of this 
project. The President said, "He'll say he reports to the President 
through other people" Ehrlichman said, "Well, O.K. Then you see what 
you've got there is an imputation. He says ... 'I told Ehrlichman 
that Liddy did it.' What he is saying is that, 'I told the President 
through Ehrlichman that Liddy did it.' " Haldeman said that meant 
that "it was perfectly acknowledged as far as Ehrlichman was con- 
cerned and there was nothing that you were required to do about it 
anyway." "That's right," Ehrlichman said, "But you see I get into 
a very funny defensive position then vis-a-vis you and vis-a-vis 
him, and it's very damned awkward." Ehrlichman said he hadn't thought 
it clear through and didn't know where they came out. (pp. 23-24) 



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TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. MEETING 

The President referred to "Dean's little game here," and 
said of course Dean didn't report to the President. "I was a little 
busy," the President said, "and all of you said, 'let's let Dean 
handle that and keep him out of the President's office.' And maybe 
you didn't want him in there for other reasons too. But he did." 
(p. 24) 

The President said that Dean would then say who the hell 
did he report to. Ehrlichman said, in many cases, to no one "[h]e 
just went ahead and did things." (p. 24) 

Ehrlichman said that he had checked his records for 
last year and that he saw Dean less than five times a month. Matched 
against the substantive things he was doing, Ehrlichman said, "Dean 
becomes practically the least of my worries." The President asked 
Haldeman about his meetings with Dean, and Haldeman said he had no 
idea, he didn't have a log. The President said, "The only thing 
he doesn't have is the fact that should have come in to see me." 
The President guessed that Ziegler talked to him, and Ehrlichman 
said Moore had, frequently. The President said, "[B]ut I haven't 
talked to Moore either, have I?" Ehrlichman repeated that he had 
to think this through, he just didn't know where it led. (p. 25) 

The President said that John Dean's highly sensitive 
Information was on only one count. He said, "Strachan has got to 
be worked out. I don't know how that's going to work out." He 
asked Haldeman whether Strachan had the plan and said it remained 
to be seen what Strachan would say about whether he had a plan and 



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TRANSCRIPT OF APRIL 17, ld7Z, 12:25-2:20 P.M. MEETING 

showed it to Haldeman. Haldeman told the President that he apparently 
said he did not. The President said the other point was whether 
Strachan got information that is clearly identifiable as being 
telephone taps. Strachan, said the President, would probably say 
It is not. "And so, that's that." (pp. 25-26) 

Haldeman said that the discrepancy between Strachan 
and Magruder was because what Strachan got, it turned out, was not 
from that but something else. Strachan would say, Haldeman continued, 
that it was Operation GEMS TONE , not Operation SEDAN CHAIR — and 
GEMSTONE wasn't Watergate, so that would uncover that there was 
something else they did. Haldeman said he didn't know what it was. 
The President told Haldeman that "they tell me that GEMSTONE was the 
code word for everything." Haldeman said he thought SEDAN CHAIR was 
the Watergate thing, that GEMSTONE is the total thing, then that was 
what Strachan got his reports from. And, Haldeman said, it was a 
"confidential sources indicate that . . ., "according to Strachan, 
and did not clearly identify. Haldeman said he couldn't tell the 
President anything else, and the President said, "I want you to 
know what he's told me." (pp. 26-27) 

The President returned to the question of the options on 
Dean, "what we turn loose here." Ehrllchman suggested that the press 
plan might give them some guidance. Ehrllchman said that if they 
said in the press plan that the President got concerned, the question 
would be asked why the President did not get concerned sooner, since 
this had been in the paper for months and months. Ehrllchman suggested 



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the response could be that the President was resting secure in the 
belief that he had the whole story. Ehrlichman then asked, "Well, what 
made him insecure?" The President aid , "Do I ever ask Dean in and ask 
him answers? The answer is no." Ehrlichman replied, "No, but the 
point is that you were resting secure on his assurances." (p. 27) 

Haldeman asked the President whether he had not at some 
point got a repoi^ from Dean that nobody in the White House was 
Involved, and Ehrlichman asked whether they hadn't put that out way 
back in August, The President said that it was never in writing, that 
Dean never came in and told him orally, that he had never seen John 
Dean about this matter until Ehrlichman suggested that he had better 
see John Dean. Ehrlichman told Haldeman that he had better check 
back in July, when they were in San Clemente, that his recollection 
was that Dean did come and see the President at that time. The 
President said, "Oh - by himself? No"; and Ehrlichman said by him- 
self or with one of them, he didn't know. The President said, 
"He may have come in . . .1 hope he did, I hope he did. But he might 
have come in sort of the end, and someone said, 'Look here's John 
Dean from Washington,' and I may have said, 'Thanks for all your 
hard work.'" (p. 28) 

Ehrlichman suggested they "follow this line and see where 
it leads us," The President, said Ehrlichman, rested secure in the 
belief that his Counsel had investigated this and assured him that 
nobody in the White House was involved. Ehrlichman then asked, "[W]hat 
moved him off that belief and assurance? Well, what moved him off 

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70.Z HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. mETING 

was the sequence of events leading to John Dean being sent to Camp 

David to write it all down." The President said, "What moved him 

off first were reports that occurred in the court testimony." The 

President continued by saying that charges were made by McCord , 

and the President ordered a full investigation. Ehrlichman said, 

"Well, the first thing you did — and maybe you can avoid saying 

this — but you're saying you ordered a full press investigation 

when Dean came back and said to Bob, 'I can't write that down.'" 

The President said that Dean also told the President that . Ehrlichman 

said that then that rang a bell, because if Dean could not write that 

down "we must have problems bigger than I ever thought," and that 

was when the President put on "the full court press." The President 

asked if Ehrlichman had dates on this, and Ehrlichman said he did. (pp. 28-30) 

Ehrlichman then spoke about what Dean said on that. Dean 
said, according to Ehrlichman, that the reason he could not write it 
down was that Dick Moore and others said, how could he write it down 
and draw the wagons up around the White House? Ehrlichman asked 
whether that phrase was not a Dean phrase. Haldeman said, "Sure," 
and that Dean's line was that "you could do that because there was 
no problem at the White House, the problems were at the Committee." 
The President asked what Dean's line was before he deserted, and 
said, "My point is — you've got to watch out. He may say, 'Well, 
they were trying to get me — conspired to get me to write a report 
that was untrue,'" Ehrlichman said he understood, except that Dean 
was sent to write it without anybody being near him, and the President 

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said, "Except Moore (unintelligible)" Ehrlichman said that he 
was sure that when Dean went through this exercise it was impossible 
for him to write it down without it being a confession and that 
Dean said, '^y God, I don't know how this case is going to break, 
but I'm crazy to have a piece of paper like that around," (p, 30) 

The President asked who had conducted the investigation. 
Ehrlichman said the way they had it, it didn't say. Haldeman said 
other staff members, Ehrlichman, Moore, Garment, Haldeman. The 
President said, "That's right." (p. 31) 

Ehrlichman continued that the President had then 
contacted some people and told them not to hold back on his 
account. The President said, "Yes, like Hunt — Liddy" and, Ehrlichman 
added, Mitchell and Magruder. The President said, "I passed the word 
to all sources that everybody was to talk, to tell the truth, which 
I had done previously. ... I reaffirmed specific terms to specific 
people." Haldeman suggested that the President had reason to believe 
that they might have a misapprehension on it . The President asked who 
were those people, and said that he should not say. Haldeman agreed, 
and the President continued that you could not list the people because 
It would prejudice them. The President said he talked to all parties 
concerned and told them that if there was a shred of information they 
might have on the case, he reaffirmed what he had said publicly that 
they must cooperate fully and tell the whole truth. Then, the 



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President said, they came to the preceding weekend, and on 
Saturday a toajor development occurred. The President said that he could 
not say "that as a result — -," that would be an overstatement, 
(pp. 31-32) 

On Sunday, the President continued, he could not say he 
talked with Klelndlenst. Ehrllchman reminded the President he had 
Informed Klelndlenst on Saturday. The President said he had Informed 
Klelndlenst, and that In response to the question whether the President 
had Informed Klelndlenst In person, he could say he had passed the 
Information. At his direction, the President continued, Ehrllchman 
filled in the Attorney General completely on the Information they 
had found. Ehrllchman said that Zlegler or the President could 
then turn It over to Petersen and let Petersen say something Innocuous. 
The President continued that he had directed Petersen to "direct me 
personally on any developments" and that any member of the White House 
staff or the Federal Government was to be available to the grand jury 
and would be directed by the President to testify. Then, the President 
said, "you come to the next thing," and he described "Garment's 
scenario," that the President had asked any government people who 
were directly or indirectly subjects of the investigation to be 
relieved of their duties. Anyone who refused to cooperate would 
be dismissed, and anyone would be given leave until his trial was 
finished and he had an opportunity to have his day in court. (pp. 32-33) 



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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. MEETING 

Ehrllchman raised the question of anyone granted immunity. 
The President said, "iWje're not telling Dean not to talk. I direct every- 
body to talk, but nobody is to given immunity." Ehrllchman 
said, "In other words, . , . there are plenty of ways of proving 
a case around here — besides granting some fellow immunity. . . , 
You don't need that, and it looks like what you are doing is letting 
somebody off scott free." The President said, "That's right. Also, 
it looks like a cover-up." Haldeman added, "And particularly some- 
body - personally associated - in this case." Ehrllchman suggested 
that maybe the point Petersen was missing, maybe Intentionally, was 
that Dean was "a major act in this thing." "Iljf a major actor 
gets immunity and just walks away from the White House having 
committed 89 crimes," Ehrllchman said, and "it was the President's 
Justice Department and the guy who ran it reported to the President 
daily, that would say, 'Gee, I didn't want my Counsel to get hurt.'" 
Cpp. 34-35) 

The President asked whether he should have any more 
conversations with Dean. Ehrllchman said he should not, he should 
send him a note or have Kehrli or somebody call him and tell him 
not to come to work anymore, that he wasn't suspended or fired, but 
that he was not to come into the office. The President said, "That's 
a good tough way," and asked what Dean could do. Ehrllchman said he thought 
he could not do anything. Haldeman said Dean hadn't been to 
work for a month anyway, and Ehrllchman said he had been talking to the 
U.S. Attorney the whole time. The President said he had called Dean 
that morning and told him he wanted to talk to him about that 



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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. MEETING 

appointment June 19, but he didn't think he had better get into 
than any more. And, the President said, "he's going to give me 
some song and dance," (pp. 35-36) 

Ehrllchman told the President "for your private information" 
that he had gone back to the partic^jants in the meeting where he was 
supposed to have ordered that Hunt should be sent out of the country 
and to a man they said it didn't happen, that if it had happened 
they said it would have been burned into their recollection. (p. 36) 

The President then said "You better damn well remember 
being — The main thing is this, John, and when you meet with the 
lawyers — and you Bob, and I hope Strachan has been told — believe 
me — don't try to hedge anything before the damned Grand Jury. I'm 
not talking about morality, but I'm talking about the vulnerabilities." 
Ehrlichman said, "Sure, good advice." The President continued, "You 
guys — damrft — I know you haven't done a damned thing. I do know 
this — they've tried to track on prejury [sic] — you're going have 
that — " Ehrlichman said, "Fortunately I have good records," that 
he knew who was in the meeting and so was able to call. (pp. 36-37) 

The President said that the point was "now they talked to 
people." He said that he supposed Fielding had put those things in 
the bag, and Ehrlichman replied that it was Fielding or Dean, he 
didn't know. The President asked whether he inventoried and who was 
to testify what was in the bag. Ehrlichman said he didn't know. (p. 37) 



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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 197 Z, 12:25-2:20 P.M. MEETING 

Ehrllchman said that Dean was the guy who made the call 
sending Hunt out of the country and on Friday Dean had called 
Colson and asked him whether he remembered the meeting in Ehrlichman's 
office where Ehrllchman had said deep-six and send Hunt out of the 
country. According to Ehrllchman, Colson told Dean it never happened. 
Ehrllchman said that Dean was "out around planting his seeds," and 
Haldeman said that Dean was playing "the Magruder game - flying 
from flower to flower - planting his pollen." The President sld , 
"I think those (unlatelligible) you got very clever liars. I told 
you this before — very clever liars." (pp. 37-38) 

The President returned to the subject of what to do with 
Dean. Ehrllchman suggested that the President tell Dean that he 
could not have Dean "sit there as an agent of the U. S. Attorney," and 
the President said he had Indicated that already. Dean's files were 
then discussed. Haldeman said that Dean "will say the same thing you 
Ipresumably Ehrllchman] just said," that he needed his files to 
prepare for the grand jury. If the President was telling Dean not 
to come in, Haldeman said. Dean would say he would send a truck 
over and have his files brought to his home. Haldeman suggested 
that the President tell Dean that all the files were the President's, 
and Ehrllchman suggested they wait until the question came up. The 
President said, "I don't think you can write him a note. It's going 
to anger him anyway. No sense in doing that. See wnat I mean? 
We've got to remember whatever he is doing ■ — I don't mean that you 
can't — he's going to do anything to save his ass. That's what is 



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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 197 Z, 12:35-2:20 P.M. MEETING 

involved. . . .You got to remember (unintelligible) he put this 
a lot higher. He could say, 'Well, I told the President about 
$127,000, that we needed $127,000 and the President said, well 
I don't know where we could get it, I don't know,'" Haldeman 
said, "How could you do that though — that's true (unintelligible)." 
(pp. 38-40) 

Ehrlichman aid , "I'll tell you how you might be able to 
handle that." The FBI had just served a subpoena on the White House 
police, Ehrllchman said, asking that they produce the names of people 
cleared into the WH/EOB complex on June 18, 1972. The President asked 
where they were then, and Haldeman said they were in Florida. The 
President said, "Well, maybe that's an unsafe thing." Haldeman said 
that that was "your other problem," there was a WH legal case and 
no WH lawyer. (pp. 40-41) 

The President asked where Fielding stood on all this, 
and Haldeman said that Dean sponsored Fielding, but that did not 
necessarily mean Fielding went Dean's way. Haldeman said Fielding 
was "an honorable guy — provincially so — who may not like what 
Dean is doing any more than we do." (p. 41) 

The President asked if what they wanted to do was get Dean 
out of the WH, but Colson's recommendation was to fire him. Ehrllchman 
said Colson would like to discredit him, and the President said he 
knew, "Ibjut the question is what he could do to discredit us. . . . 
That's a problem." Haldeman said, "Yeah. But I think at some point, 



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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 1?.: 25-2: 20 P.M. MEETING 

like you do on anything else, you gotta face up to the fact that the 
guy is either a friend or a foe — or a neutral. If he's a neutral 
you don't have to worry about him; if he's a friend you rely on 
him, if he's a foe you fight him and this guy -r- it seems at this 
point • — is a foe," (pp. Al-42) 

The President said that when he talked to Dean he had 
told him, "Now John, any conversations are (unintelligible). . . . 
Anything (unintelligible) National Security are (unintelligible) 
you understand?" and Dean had said, "Yes," Haldeman said Dean 
said it and it was no problem for him to say it, but it was no 
problem for Dean to say a lot of things to them over the last 
couple of weeks. The President said, "The point is, if you break 
if off with him, then he could go out and say, 'Screw the 
(unintelligible).'" Haldeman replied, "No he can't. It's not 
his privilege. It's yours." The President said, "I know it's mine, 
but — " 

The President then said, "Well, I think you have to 
charge Henry Petersen or whoever is in charge here with protecting 
your privilege and then that's got to go down to Silberman [presumably 
Silbert] and Silberman has to be cautioned that he is not to go into 
matters of executive privilege - he is not to go into matters of 
national security importance. Any matters involving a conversation 
with the President — or national security, anything like that, they 
can ask me," (pp. 42-43) 



24 



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70.2 HOUSE JUDICIARY COimiTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1972, 12:35-2:20 P.M. MEETING 



Ehrlichman then talked about "this caper In California," 
the Hunt "national security connected Ellsberg" thing. Ehrlichman said 
he thought Petersen knew about it, that it was laying around some- 
place over there, Ehrlichman said Colson had asked him how to handle 
the question if it came up, and Ehrlichman said he told Colson that 
he would say it was a national security project and he would have to 
refer a question on it to the President for a waiver of executive 
privilege if the President desired to do that . Ehrlichman said 
Colson asked whether he could say the same thing and that he had 
told Colson he did not know whether Colson could or not. He said 
Colson asked what the President would say if it were referred to 
him and that he had told Colson he did not know and would ask the 
President . The President told Ehrlichman that was what they 
would say and he could tell Colson that. The President said, 
"Anything on the (unintelligible) thing, the plumbing thing was 
national security, the ITT thing. No, I can't believe it was that — 
you know ■ — the Hunt thing there. That will just have to handle the 
way it is." (pp. 43-44) 

Ehrlichman said that whoever operated this at the Justice 
Department had to be told that the inquiry must not jeopardize the 
President's privilege. "Some day they're going to try and put you in 
a crunch spot." The President said, "Sure." Ehrlichman said that they 
would put a question to him and he would say he could not take that 
question and would be back to the President and"it's going to be 
hard." The President said, "No turning it off. It's national 
security." Ehrlichman said, "Or if it is something that you and 
I have discussed directly," and the President said, "(expletive 
removed) It." (pp. 44-45) 

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70 2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1972, 12:35-2:20 P.M. MEETING 

The President then raised the subject of the talk to the 
President about "$127,000 we had to get or were able to get it or 
something." The President said he did not know why it was at that 
point that they were still working on money for Hunt. Haldeman said 
that was the one Bittman got to Dean on, that "Ih]e really cranked 
on it" and was very concerned or professed to be concerned because 
Bittman 's threat was that Hunt said that if they did not get it for 
him he was going to tell them about all the seamy things he did for 
Ehrlichman. Haldeman said that, when Dean hit Ehrlichman on that, 
Ehrlichman's immediate reaction was to let him go ahead, there was 
nothing he could haig Ehrlichman on. Haldeman said that Dean did not 
like that answer and went on worrying about the money. The President 
said, "Told me about it," Haldeman said that he had told the 
President and told Haldeman , that Haldeman was there when Dean 
told the President. The President said, "Good. l<fhat did we say?" 
He reminded Haldeman that Dean had said "How much is it going to 
cost to keep these, these guys (unintelligible)" and the President 
had just shook his head. Haldeman said, "If there's blackmail here, 
then we're into a thing that's just ridiculous . . . but you can't 
say it's a million dollars. It may be $10 million dollars. And that 
we ought not to be in this — " The President said, "That's right. 
That's right." Haldeman continued, "We left it - that - we can't do 
anything about It anyway. We don't have any money, and it isn't a 
question to be directed here. This Is something relates to Mitchell's 
problem, Ehrlichman has no problem with this thing with Hunt. And 

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70.Z HOUSE JUDICIARY COMMITTEE STAFF SUMMABY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. !4EETING 

Ehrllchman said 'Cexpletive removed), if you're going to get into 
blackmail, to hell with it, '" The President said, "Good (unintelligible) 
Thank God you were in there when it happened . " He asked Haldeman 
if he remembered the conversation, and Haldeman said yes. The 
President asked, "I didn't tell him to go get the money did I?" 
and Haldeman said no. "You didn't either did you?" the President 
asked, and Haldeman replied, "Absolutely not I I said you got to 
talk to Mitchell, This is something you've got to work out with 
Mitchell — not here — there's nothing we can do about it here." 
The President said to Ehrlichman, "We've got a pretty good record 
on that one, John, at least." (pp. 45-47) 

Haldeman said that there were "a couple of complications 
he can throw in there" which would be of concern, but that Haldeman 
could not "see him sinking low enough to use that." Haldeman admitted 
that "the guy has really turned into an unbelievable disaster for us," 
but he was not "unAmerican and anti-Nixon." Haldeman said that during 
that period Dean had "busted his ass trying to work this out," and it 
"wore him to a frazel [sic] ," and that Haldeman thought "It probably 
wore him past the point of rationality." Haldeman said he thought 
Dean might now be in a mental state that was causing him to do things 
that "when he sobers up, he's going to be very disturbed about with 
himself." The President said that part of the problem also was 
probably that he had a very, very clever new lawyer. Haldeman said 
that could very well be, but that he could not believe that Dean was 
a basically dishonorable guy. (pp. 47-48) 



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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. MEETING 

The President said "But in that conversation I was — we 
were — I was — I said, 'Well for (expletive removed), let's — '" 
Haldeman told the President, "You explored in that conversation the 
possibility of whether such kinds of money could be raised. You 
said, 'Well, we ought to be able to raise --'" The President said 
"That's right." Haldeman continued "'How much money is involved?' 
and he said, 'Well it could be a million dollars.' You said, 'That's 
ridiculous. You can't say a million. Maybe you say a million, it 
may be 2 or 10, and 11.'" The President said "But then we got into 
the blackmail," and Haldeman told the President, "You said, 'Once 
you start down the path with blackmail It's constant escalation!" 
The President said "Yep. That's my only conversation with regard 
to that." Haldeman said "They could jump and then say, 'Yes, well 
that was morally wrong. What you should have said is that blackmail 
is wrong not that it's too costly.'" The President replied, "Oh, 
well that point (inaudible) investigation ~ . . . You see my point? 
We were then in the business of — this was one of Dean's — when he 
was . . ." The President asked whether it was after they sent him 
to Camp David. (p. 48) 

After some discussion of when that was, the President 
said "1 suppose then we should have cut - shut it off, 'cause later 
on you met in your office and Mitchell said, 'That was taken care of.'" 
Haldeman said that was the next day, and the President said that Dean 
was there and said, "What about this money for Hunt?" Haldeman said 
that what had happened was that he, Ehrlichman, Dean and Mitchell were 



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70.2 HOUSE JUDICIAnY COMMITTEE STAFF SVMMARY OF WHITE HOUSE EDITED 
TRANSCEIPT OF APRIL 17, 1973, 12:35-2:20 P.M. MEETING 

In Haldeman's office discussing other matters, and that Mitchell 
had turned to Dean and said something like "Let me raise another 
point. Ah, have you taken care of the other problem - the Hunt 
problem?" Haldeman said he didn't know how Mitchell referred to 
it, but they all knew instantly what he meant, Haldeman said 
Dean looked a little flustered and said no, he didn't know where 
that was, and Mitchell said "Well I guesss[sicj it's taken care 
of." Haldeman told the President, "And so we assumed from that 
that Mitchell had taken care of it, and there was no further squeak 
out of it so I now do assume that Mitchell took care of it." 
Haldeman said LaRue was Mitchell's agent, and the President said, 
"I understand that. . . . I'm just seeing what Dean's lines of 
attack are." Haldeman said there was no question he, Haldeman, 
knew about it. The President said "Say, 'Yes, there was talk about 
it and so forth - and Mitchell took care of it.'" (pp. 49-50) 

Haldeman said that "Dean is the agent on it. Dean is 
coming in and saying what should I do. Dean's the agent on all this - 
that's where my money goes. All the input to me about the 350 came 
from Dean, and all the output came from Dean." Haldeman said that 
Dean said they needed the money for the defense, for their fees, that 
it was always put that way, that was the way it was always discussed. 
The President said "Right - that's why I want that line. I think 
that's most important. You can work on — Get a lawyer." (p. 50) 



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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. MEETING 

Haldeman said that he told Dean that they had the 350 
(actually, Haldeman said, it was 328) in cash that they had to get 
turned back to the Committee, apparently they had a need for money, 
so they had a coincidence and Dean ought to be able to work out 
some way to get them to take the cash, Haldeman said he told Dean 
that would ''take care of our needs and we help meet their needs," 
Haldeman told the President that Dean went back to Mitchell and 
Mitchell wouldn't do it. Then, Haldeman said, they agreed to take 
forty thousand of it, which they did, and shortly thereafter to take 
the rest, which they did, Haldeman said it was not before the 
election, and the President said that Dean said it was. Haldeman 
said Strachan said it was in late November, the 30th or something 
like that. (p. 51) 

Ehrlichman said that it was Howard, not Strachan, that went 
over with Colson's partner as his lawyer. Haldeman said that Strachan 
acquired his lawyer from somebody he knew in law school. Ehrlichman 
said Colson had pitched him to retain his partner, which Ehrlichman 
thought would be a mistake. The President said, "You can't retain 
his partner." Ehrlichman said it would be a big mistake because 
it would create Identity between him and Colson, and Hpldeman said 
Ehrlichman would be out of his mind to do it. The President said, 
"Don't get in there with Colson. He'll defend himself." Haldeman 
said that Colson saw that as a way of getting in and they should 



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70 2 EOVSE JUDICIARY COmiTTEE STAFF SUMMRY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:26-2:20 P.M. MEETING 

not give Colson reason to get squeamish. Ehrlichman said he ■■.■ris 
cultivating him, keeping hira on the te.im, and that Colson felt there 
was a coincidence of interest between the President, Ehrlichman, and 
Colson. The President said, "Right. Pine." (pp. 51-52) 

The President went back to the question of v/hether they 
should make a statement that day, saying he thought they should. 
Haldeman agreed, and said Ziegler should make it. Ehrlichman 
said that it should be a carefully limited statement, and the 
President said, "Xo questions." Ehrlichman said he thought it 
should be very tight, very conservative, thought through "so that 
you can stay away from the soft places." He said that across the 
country people were waiting to see the President's face on the 
evening news talking about the Watergate case and making more 
assurances. Haldemat; said that the Watergate story was on 
page 19 in the Washington Post that day, and the President said, 
"And it'll be page 19 five months from now if we handle it right." (pp. 52-53) 

The President returned to the subject of Dean, and Ehrlichman 
said that if the President could get the result of having Dean out 
of the office, he wouldn't worry about the files. Ehrlichman 
suggested that the President could put in on the basis that he 
could get a file he needed on loan, so that the President would 
at least be able to monitor what he got . Ehrlicliman said the 
President should tell him that in vie-.; of his reliticnship with 
the U.S. Attorney's office, the Pre.^ '! t!''i t did not think it w:>s 



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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:25-2:20 P.M. MEETING 

prudent for him to be on the grounds and that he would have to 
work someplace else. Haldeman suggested the President could sav 
that there would be no appearance oroblem because Dean had been away 
for a month anyway. Ehrlichman agreed, and continued that if thev 
were asked in the press room about Dean's status, they could 
finesse it, and say he had not been placed on leave or fired. 
Ehrlichman told the President he could say to Dean that if 
Dean didn't bring it up, they wouldn't, and that if it leaked 
it would have to leak from Dean. Ehrlichman suggested that the 
President tell Dean that he would make an appropriate arrangement 
with Haldeman and Ehrlichman, but that he could not be in a position 
to have Dean dictate to him what it should be. The President said, 

I can tell him, 'I've made an appropriate arrangement, but it's 
got to be in my own way, depending upon what each is doing.'" 
The President said that they were not asking anybody to resign 
because that would prejudice their rights. The President asked 
Ehrlichman if he was rejecting the Garment proposal that everybody 
leave until everybody is clear. Ehrlichman said that he thought 
a leave was the same as being fired in this context. („„ . ^4-55) 

The President said that his view of what was going to 
happen was that when they had finally niade their deal with 
Magruder.thev would take him into open court, and then charges 
would be mads, at least as far as Ma^jruder was concerned. Haldeman 
:ed if they said Magruder made charsTes against hix.. The President 



ask 



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35-904 O - 74 - pt. 3 -- 20 



70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 197 Z, 12:36-2:20 P.M. MEETim 



said he didn't know whether or not he did, but he was certainly 
going to say that Dean and Mitchell were involved. Ehrllchman 
added that he would say Strachan was Involved. Ehrllchman said 
that Strachan was Haldeman's employee, but that if the judge 
asked if Haldeman told him to do anything or this or that, Strachan 
would say no, Haldeman was never involved In this. Haldeman and 
Ehrllchman said that was what he told them he would say, and 
Haldeman said that he flatly said that was the truth, and it was 
the truth, (pp. 56-57) I 

The President asked Haldeman and Ehrllchman about "being 
eaten away and then having to come in and say look, 'I'm so impaired, 
I --.'" Haldeman said he didn't expect to be eaten away. He said 
he thought that when he got hit publicly, say by Magruder or by Dean, 
as soon as he was known publicly, he should request the President 
to give him a leave of absence so he could deal with the matter 
until it was cleared up. The President asked Ehrllchman if he agreed. 
Ehrllchman replied that it would depend a little bit on degree. (p. 57) 

The President asked what if the Assistant Attorney General 
came in and said Magruder and Dean had made charges and suggested 
the President should act. Ehrllchman said that the President 
should tell the Assistant Attorney General that his policy was that 
he would immediately suspend anyone against whom formal charges 
were filed and say, "This is a town that is so full of wild charges 
that if I operated on any other basis, even of those who were brought 



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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:36-2:20 P.M. MEETING 

to me by 20 Bishops and an ALtorney General, I couldn't be 
suspending people around here or the place would look like a 
piece of Swiss cheese. But let me suggest you do this. You go 
ahead and diligently pursue the Haldeman and Ehrlichman case because 
I need to know. Ehrlichman continued that the President should 
tell the Assistant Attorney General that if he came to the Presi- 
dent and told him he had filed charges, the President would have 
no discretion. The President said that if he told him he was 
planning to indict, he would move instantly, before it was done 
publicly. Ehrlichman said the President should say he couldn't 
treat them different than anybody else, that "you have brought me 
basically, uncorroborated charges. You've said so yourself that 
you aren't going to be able to deal with Dean." The President said, 
"I feel comfortable with that." (pp. 57-59) 

Ehrlichman mentioned that the New York Times was writing 
an editorial about a terrible cancer at the heart of the Presidency, 
that there must be drastic surgery. Ehrlichman said that they would 
hear a lot of that and maybe the thing to do was for Ziegler to make 
a statement on the President's policy. The President suggested he 
should say that today, and there was discussion of getting Ziegler 
in to get the Satement ready. Ehrlichman and Haldeman discussed 
with the President how their offices should be handled during the 
next couple of weeks. (pp. 59-61) 



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70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. MEETING 

Haldeman suggested that each charge was something they 
would have to deal with at the time because the context could not 
be anticipated, the newspaper stories could not be. Haldeman said 
another argument against taking any action regarding him was that 
he was not in the thing at all in the public mind and "it would 
be startling as hell." (p. 62) 

The President, Zlegler, and Ehrlichman discussed the brief 
statement for that day, (pp. 62-63) 

The President asked Ehrlichman "what it is worth to us to get 
him (Dean] out of that damned office." Ehrlichman said the 
alternative was "somehow or other to pass the word to everybody 
in the place that he's a piranha." Ehrlichman said he didn't know 
how to do that. By everybody in the place, Ehrlichman told the 
President, he meant people like the White House Police, the Secret 
Service, a guy like Dick Howard, so that if they got a subpoena 
they shouldn't ask Dean what to do. There was then a discussion 
of who should be Acting Counsel , with apparent agreemeit that Fielding 
should be Acting Counsel, reporting to Dick Moore, (pp. 63-6A) 

The President again returned to what to tell Petersen, 
saying that he had better get Petersen in and flatly tell him 
that he could not let people go simply because charges were made 
until they were corroborated, that was his decision. Second, that 
he did not want anybody on the White House staff given immunity or 



35 



(1384) 



70. 2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:35-2:20 P.M. MEETING 

shown any consideration whatever. Third, that he was directing 
everybody to cooperate, but that he would not have a member of the 
White House staff testifying in the Senate against others. 
Ehrlichman suggested a fourth point to cover with Petersen was that. If, 
Ehrllchman was before the grand jury and was asked about Dean's 
information within the grand jury, he would have to say that Dean 
told him it came from Petersen. Ehrllchman continued that there 
was no point in the President's getting way out by saying to the 
press he was relying on Petersen as his good right hand and then 
have Petersen compromised at a later time. (pp. 65-66) 

Haldeman told the President that until this was totally 
done, and maybe never, should the President express confidence 
in anybody, including Haldeman and Ehrllchmsm. Haldeman said it 
just didn't serve the cause properly. And, said Haldeman, the 
President should not say it about Petersen, Dean or anybody else, 
and Ron must not say it either. (pp. 66-67) 

Ehrllchman mentioned a lawyer, Herbert Miller, who might be 
a possible substitute for Petersen, but the President said, "I don't 
know. This case is moving too fast. You call In a substitute and he's 
got to learn the damned case." Ehrllchman said that in his opinion 
Petersen was "feeding a bunch of baloney." Haldeman said that he 
understood Petersen told the President Strachan got very good treat- 
ment over there, and the President said, "No, no, no. He told me the 
opposite. ... He said that Strachan just got the hell beat out of 
him." Haldeman said that was right and that Strachan was astonished. 



- 36 



(1385) 



70.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 12:26-2:20 P.M. MEETING 

that he had said It was just beyond belief, they had threatened his 
life practically. Ehrlichman said what they were trying to do was 
put him in the hands of an attorney who would deal for immunity. 
Haldeman said they were trying to get him to make the same play 
Magruder made; Ehrlichman said no doubt they "salvaged" Dean the 
same way, and they had scored on him. (pp. 67-68) 

The discussion of a possible replacement for Petersen 
resumed. The President asked whether he should make that decision 
today, and Ehrlichman said everyday that went by was making it that 
much tougher on somebody new coming in. The President said, "This guy 
gets relieved, and says well I told the President that he ought to fire 
Haldeman and Ehrlichman and he fired Dean." Ehrlichman said he didn't 
think he (apparently Petersen) would say that; he was a pro; he'd been 
around this town a long time and he knew. If he said that, the Presi- 
dent would come right back and say the reason he fired him was that he 
had reason to believe he was responsible for leaks out of the grand 
jury, and that would destroy him. (p. 69) 

Ehrlichman said the President should call Dean and tell 
him that the President V7as going to make a statement that was not 
going to refer to Dean or anybody and that the President would deal 
with people on an individual basis. T'he President agreed. Haldeman 
said, "Maybe you ought to get Petersen in first to talk immunity." 
The President agreed. (pp. 69-70) 



-37- 



(1386) 



71. On April 17, 1973 from 2:39 to 2:40 p.m. the President had a 
telephone conversation with John Ehrllchman. There was a discussion 
of what the President would say to Petersen about Immunity for top 
White House staff members. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

71.1 President Nixon dally diary, April 17, 1973, 

Erfiiblt 48, In re Grand Jury . Misc. 47-73 1388 

71.2 House Judiciary Connnlttee staff summary of 
White House edited transcript of a telephone 
conversation between the President and John 
Ehrllchman, April 17, 1973, 2:39 - 2:40 p.m 1392 



(1387) 



71.1 PRESIDEUT NIXON DAILY DTARY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 




P!?ESIO£NT RICHARD MIXOM'S DAILY DIARY 






TMi: IvKlTE llOIISi: 
UASIirKGTON, n.c. 



IIMF 
In Oul 



9:18 
9:19 
9:30 

9:A7 

9:59 

10:03 

10:05 



10:29 



10:29 



10:34 



10:34 



9:25 
9:46 

9:59 
10:00 

10:28 



PHO.Nt 



10:34 



12:19 



APRIL 17, 197 3 

•IM£ (MY 

9:18 a.r:. TL T.SDAY 



Tlic President went to the Oval Oftice. 

The President talked with his Counsel, John V. Dean III. 

The President met with his Special Consultant, Leonard 
Garment . 

The President mst with his Assistant, H..R. Haldeman. 

The President met with the First Lady. 

The President and the First Lady went to the South Grounds of 
the White House. 

The President and the First Lady participated in an arrival 
ceremony honoring Giulio Andreotti, President of the 
Council of Ministers of the Italian Republic. For a list 
of members of the welcoming committee and of the official 
Italian party participating in the ceremony, see APPENDIX 
"A." 

The President and the First Lady escorted Prime Minister and 
Mi^s . Andreotti to the Blue Room. 

The Presidsntial party received members of the official 
Italian and U.S. parties. Assisting in the receiving 
line were : 

William P. Rogers, Secretary of State 

Mrs. William P. Rogers 

Adm. Elmo R. Zumi.'alt, Jr., Chief of Naval Operations 

Mrs. Elmo R. ZumiJalt, Jr. 

The President returned to the Oval Office. He was 
accompanied by: 

Prime Minister Andreotti 

Neil A. Seidenman, State Department interpreter 

Mrs. Anna Saxon, State Department interpreter 

The President net with: 

Prime Minister Andreotti 

Andrea Cagiati, Diplomatic Advisor to Prime Minister 

Andreotti 
Henry A. Kissinger, Assistant 
Mr. Seidenman 
Mrs. Sa:<on 

Members of the press, in/out 
White Uoar.c ph t toprapiier . in/out 



I'it 



(^ 






^ 



^^jc. Z/-;?? 






1 1 



(1388) 



71.1 PRESIDENT NIXON DAILY DIARY, APRIL 17, 197Z, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 




PRESIDEMT RICHARD MIXOM'S DAILY DIARY 



IS 



Al'IUL 17, 1973 

IIME DAY 

12:19 p.n. TL'ESDA.V 



12:19 

12:23 
12:23 

12:35 

12:35 

2:10 

2:30 

"2:39 

2:46 

3:50 



4:46 
4:48 
5:09 
5:15 

5:20 
5:50 
5:50 

6:17 

6:55 

7:15 



12:24 

2:20 
2:20 
2:17 

2:40 

2:40 

3:49 

4:35 



4:41 

4:41 4:46 



5:03 



5:16 



6:19 
7:14 

7:14 

6:21 



The Presidential party went to the South Grounds of the 
l>rhite House. 

Tlie President and Mr. Kissinger returned to the Oval Office. 

The President met with Mr. Kissinger. 

The President met with: 
Mr. Haldeioan 

John D. Ehrlichman, Assistant 
Ronald L. Ziegler, Press Secretary 

The President met with Mr. Ziegler. 

The President talked with Mr. Ehrlichman. 

The President met with Assistant Attorney General Henry £..,_ 
Petersen. 

The President met with: 
Mr. Haldeman 
Mr. Ehrlichman 

The President went to the Press Room. 

The President addressed members of the press on the 
developments in the Watergate case. 

White House photographer, in/out 

The President returned to the Oval Office. 

The President met with Mr. Ziegler. 

The President went to his office in the EOB. 

The President met with his Special Assistant, Stephen B. Bull. 

The President met with: 
Secretary Rogers 
Mr. Haldeman 
Mr. Ehrlichman 



The President talked with Mr. Ziegler. 

The President was telephoned by Mr. Kissinger, 
not cormleted. 



Ti\e call was 



The President returned to the second floor Kosid.'ace. ^ _. .^ 



(1389) 



?1.1 PRESIDENT NIXON DAILY DIARY, APRIL 17, 19? Z, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 



PSESIDSNT RICHARD WIXOWS DAILY OlARY 

(See Tf.....: lU.of.I f..r T(.ivcl Ait.N.'yl 



M 



,-| .\' I llAf 11KI..AN' 

Tiii; lailTK llOUSF. 
l/AS;iINCTON', D.C. 



DATE (.'4,. [ti, Yt I 

/vPRIL 17, 1973 

TIME DAY 

7:36 p.n. TUESDAY 



7:36 
8:02 



3:03, 
8:03 



8:22 



10:11 
10:11 

10:32 
10:33 



7:33- 



8:21 



8:22 8:39 
8:39 10:11 



10:32 



11:17 



riKi; 



\ 



The President talked witli Mr. Kissinger. 

TiiG President went to the North Portico. 

Tne President greeted Prime Minister and Mrs. Andreotti. 
Members of the press, in/out 
I'Jhite House photographer, in/out 

The Presidential party went to the Yellow Oval Pjaom. 

The President met with: 
Tne First Lady 

Vice President and Mrs. Spiro T. Agnew 
Prime Minister and Mrs. Andreotti 
Secretary and Mrs. Rogers 

John A. Volpe, Ambassador trom the U.S. to Italy 
Mrs. John A. Volpe 

Giuseppe Medici, Italian Minister of Foreign Affairs 
Egidio Ortona, Ambassador from Italy to the U.S. 
Mrs. Egidio Ortono 

The President and the First Lady, accompanied by Prime 
Minister and Mrs. Andreotti, went to the Blue Room. 
Enroute, they participated in a photo opportunity ac the 
foot of the Grand Staircase. 

White House photographer, in/out 

The Presidential party received dinner guests. 

The President and the First Lady hosted a State Dinner in 
honor of Prime Minister and Mrs. Andreotti. For a list 
of dinner guests, see APPENDIX "B." 

The President and the First Lady went to the Grand Hall. 

The President and the First Lady received guests attending _ 
the entertainment portion of the evening. For a list c: 
attendees, see APPENDIX "C." 

Tne President and the First Lady, accompanied by Frin^- 
Minister and Mrs. Andreotti, went to the East Rovt.i. 

The President and the First Lady attended a perforT.'..t;u-o b^" 
sinp.er I'rank Sinatra. For a list of guesCJ. :=^-'- 
AriT.ND I X "B" and A PPEMDIX "C." 

Mrmhpr.s of the press, ia/ouc 

Wliito House photographer, in/eut 



(1390) 



71.1 PRESIDENT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 



-el-1 



PRFSlOfcMf RICHARD rji/ON'S DAILY DIARY 
I' . r, , ' )( -.M ' ■< !■■ i \i-i-.-f> I 






.;;■: u'iifiF iiousi: 



ll.:17 



11:20 



11:45 



12:0A 



APi'.LL 17, 1973 

11'l£ DAY 

U :17 o.n. TUF.SDAV 



i'i:t.\(: ; 
V i 



T:ie President or.cl ciie First Lady escorted Prime Minister and 
Mrs. Andreotti to their motorcade at the Kortti Portico. 

Tlie President and the First Lady returned to the second floor 
Residence. 

Tlie President tal'ced v/ith Mr. Kissinger .- 



SM/Cn/JI) 



(1391) 



71.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 197 Z, 2:39-2:40 P.M. TELEPHONE CONVERSATION 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
APRIL 17. 1973, 2:39 P.M. to 2:40 P.M. 

On April 17, 1973 the President placed a telephone call to John 
Ehrlichman. Their conversation lasted from 2:39 p.m. to 2:40 p.m. The 
President told Ehrlichman that he wanted to check the points Ehrlichman 
wanted the President to make to Petersen, who would be there in ten minutes. 
The first point, the President said, was no immunity "for any of the top 
three," but that it would be o.k. to give it to Strachan. The President asked 
Ehrlichman if he thought that was a good line, and Ehrlichman replied that he 
thought it was good. (p. 1) 

Ehrlichman then listed three of the four points as he had written 
them down: to inform Petersen that the President was making a statement, the 
President's policy with regard to suspension and firing, and to inform Petersen 
privately about the President's policy with regard to immunity for top people. 
The President added leaks from the grand jury. (pp. 1-2) 

The President's policy with regard to suspension and firing, Ehrlichman 
said, should be suspension for indictment and firing for conviction, and this 
would be in the statement he was drafting. Ehrlichman said that Petersen would 
tell the press this, and the President agreed. (p. 1) Later in the conversation, 
this subject was raised again. The President asked Ehrlichman if the policy was 
that he would accept resignations on charges or indictment. Ehrlichman. replied 
in the negative, that it was suspension on indictment and resignation on conviction. 



(1392) 



71.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 17, 1973. 2:39-2:40 P.M. TELEPHONE CONVERSATION 

The President agreed, and said, "Everybody would know that. Suspension on 
indictment and resignation on refusing to cooperate." Ehrlichman added,. "Or 
conviction," and the President agreed. (pp. 2-3) 

The President then asked Ehrlichman about the "gray area" of charges. 
Ehrlichman said that the President would have to reserve the right, depending 
on the seriousness of the charge; that if there were a serious, corroborated 
charge, the President should tell Petersen he wanted Petersen to bring it to 
him and would reserve judgment on the individual case. (p. 3) 

Earlier in the conversation, the President and Erhlichman discussed 
immunity. Ehrlichman said that the President's policy with regard to immunity 
should not be limited to three, that he would say "any top person, like Dean or 
up." Ehrlichman said that ''It will sell." The President told Ehrlichman he 
would then say to Petersen that he could do what he wanted with a fellow like 
Strachan, and ''That strengthens the position." Ehrlichman said, "Colson, 
Dean, anybody of that kind, no dice." The President replied, "He has mentioned 
these four to me. I will just say that." (p. 2) 

Ehrlichman mentioned the possibility of leaks out of the grand jury. 
Ehrlichman said that the President should put it to Petersen, "whether he 
doesn't think that later exposure would prejudice the whole investigation and 
whether he shouldn't withdraw at an appropriate time so that a replacement can 
be obtained." (p. 2) 



(1393) 



72. On April 17, 1973 from 2:A6 to 3:49 p.m. the President met with 
Henry Petersen. There was a discussion about whether Petersen had 
passed grand jury Information to Dean and about whether Dean would be 
granted Immunity. The President read to Petersen a proposed press 
statement and Petersen stated the difficulties which would be posed 
by a statement that the President opposed granting immunity to hi^ 
White House officials. Petersen told the President that Gray had 
admitted receiving from Ehrllchman and Dean documents unrelated to 
Watergate taken from Hunt's safe. Petersen said that Gray said he had 
burned these documents without reading them. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

72.1 President Nixon daily diary, April 17, 1973, 

Exhibit A8, In re Grand Jury . Misc. 47-73 1396 

72.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
between the President and Henry Petersen, 

April 17, 1973, 2:46 - 3:49 p.m 1400 



(1395) 



72.1 PRESIDENT NTXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 




PrttSIOHNT RICHARO NlXOri'S DAILY DIARY 

IV. J..>-l l-...r.' (..I Ti..ll A... ,:,, 



JHV. IvillTE UOUSK 

UASiirNHTON, n.c. 



IIMF. 



9:18 
9:19 
9:30 

9:47 

9:59 

10:05 

10:05 



10:29 



10:29 



9:25 
9:46 

9:59 
10:00 

10:28 



10:34 



PMUNK 
K Rc.crc.l 



10:34 



10:34 12:19 



212^' 



API;IL 17, 1973 

II.ME 0\Y 

9:l?i n.-.. TL'CSDAV 



Tlic President v;ent to the Oval Office. 

The President talked with his Counsel, John V.'. Dean III. 

The President met with his Special Consultant, Leonard 
Garment . 

Tne President met with his Assistant, H..R. Haldeiaan. 

The President met with the First Lady. 

The President and the First Lady went to the South Grounds of 
the Ifliite House. 

The President and the First Lady participated in an arrival 
ceremony honoring Giulio Andreotti, President of the 
Council of Ministers of the Italian Republic. For a list 
of members of the welcoming committee and of the official 
It^alian party participating in the ceremony, see APPENDIX 
"A." 

The President and the First Lady escorted Prime Minister and 
Mrs. Andreotti to the Blue Room. 

The Presidential party received members of the official 
Italian and U.S. parties. Assisting in the receiving 
line were: 

VJilliam P. Rogers, Secretary of State 

Mrs. William P. Rogers 

Adm. Elmo R. Zurojalt, Jr., Chief of Naval Operations 

Mrs. Elmo R. ZumtJalt, Jr. 

The President returned to the Oval Office. He was 
accompanied by: 

Prime Minister Andreotti 

Neil A. Seidenman, State Department interpreter 

Mrs. Anna Saxon, State Department interpreter 

The President met with: 

Prime Minister Andreotti 

Andrea Cagiati , Diplomatic Advisor to Prime Minister 

Andreotti 
Henry A. Kissinger, Assistant 
Mr. Seidenm.an 
Mrs. Saxon 

Members of the press, in/out 
Vfhite House photographer, in/out - ,, ;■ ^ 

1 ilJ: — ^^ — '■ n 7 ' ' .i 



(1396) 



?2.1 PRESIDENT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 



PRESIDi'MT RICHARD MIXON'S DAILY DIARY 

<Vf l,,.fl p. ,.,l 1.., 1,,..l Ail.w-/l 



-Ci£>L- 



pT^r 



i-^- 



; \. ;. HAS IIK.A.V 

TMf U'HITE HOI'S i: 
'.•; AS I [ I N'LiTOX. n.c. 



12:19 



c 



12:23 




12:23 


12:2A 


12:35 ' 


2:20 


12:35 


2:20 


2:10 


2:17 


2:30 


2:40 


2:39 


2:40 


~2:46 


3:49 



3:50 

4:41 
4:41 

4:46 
4:48 
5:09 
5:15 

5:20 
5:50 
5:50 

6:17 

6:55 

7:15 



4:35 



4:46 



5:03 



5:16 



6:19 
7:14 
7:14 

6:21 



l»AIF IM', , :;,. Yr » 

Al'RIL 17, 1973 

MMt tJAY 

12:19 p.m. TaESDA'i 



FHn>4E 



The Presidential oarCy './cnC to the South Grounds of the 
Miite House. 

Tlie President and Mr. Kissinger returned to Che Oval Office. 

The President met v;ith Mr. Kissinger. 

The President met with: 
Mr. Halderaan 

John D. Ehrlichman, Assistant 
Ronald L. Ziegler, Press Secretary 

The President met with Mr. Ziegler. 

The President talked with Mr. Ehrlichman. 

The President met with Assistant Attorney General Henry £..„ 
Petersen. 

The President met with: 
Mr. Haldeman 
Mr. Ehrlichman 

The President went to the Press Room. 

The President addressed members of the press on the 
developments in the Watergate case. 

White House photographer, in/out 

The President returned to the Oval Office. 

The President met with Mr. Ziegler. 

The President went to his office in the EGB. 

The President met with his Special Assistant, Stephen B. Bull. 

The President met with: 
Secretary Rogers 
Mr. Haldeman 
Mr. Ehrlichman 

The President talked with Mr. Ziegler. 

Tlie President was telephoned by Mr. Kissinger. Tiie call was 
not completed. 

The President returned to the second floor Res iiU'iice . 



35-904 O - 74 - pi. 3 -- 21 



(1397) 



72.1 PRESIDENT NIXON DAILY DIARY, APRIL 17. 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-7 S 



iV'Mft HOUSL" 



PStSIDcNT RICHARD NIXON'S DAILY DIARY 

(Sec Tr....; l;..'-r.| r ., Tri.fl A,-, •/■ 



,•( A' I 11. N^' III (.-AN 

T:U-; UllITK llOUSF. 
WASHINGTON', U.C. 



/lTRTL 17, 1073 

TIME UAV 

7:36 p.n. TUESDAY 



•I ' : 






7:36 
8:02 



3:03_ 
8:03 



8:22 



8:22 
8:39 

10:11 
10:11 

10:32 
10:33 



7:33- 



8:21 



8:39 
10:11 



10:32 



11:17 



The President talked v;icli Mc. Kissinger. 

r.ie President v;ent to the North Portico. 

Tne President greeted Prima Minister and Mr.== . Aadreotci. 
Members of the press, in/ out 
I'fhite House photographer, in/out 

The Presidential party went to the Yellow Oval PjDom. 

The President met with: 
Tne First Lady 

Vice President and Kirs. Spiro T. Agnew 
Prime Minister and Mrs. Andreotti 
Secretary and Mrs. Rogers 

John A. Volpe, Ambassador from the U.S. to Italy 
Mrs. John A. Volpe 

Giuseppe Medici, Italian ilinister of Foreign Affallrs 
Egidio Ortona, Ambassador from Italy to the U.S. 
Mrs. Egidio Ortono 

The President and the First Lady, accompanied by Prime 
Minister and Mrs. Andreotti, went to the Blue Room. 
Enroute, they participated in a photo opportunity aC the 
foot of the Grand Staircase. 

White House photographer, in/out 

The Presidential party received dinner guests. 

The President and the First Lady hosted a State Dinner in 
honor of Prime Minister and Mrs. Andreotti. For a list 
of dinner guests, see APPENDIX "B." 

The President and the First Lady went to the Grand Hall. 

The President and the First Lady received guests aCtendin? 
the entertainment portion of the evening. For a list cr 
attendees, see APPEN'DIX "C. " 

Tne President and the First Lady, accompanied by Pririo 
Minister and Mrs. Andreotti, v;ent to the East Ro.-n. 



The President and the First Lady attended a perr>'rr-.. 

sinr;or I'rnnk Sinatra. For a list of puost~. :='-'^' 

APIM'.ND I X "B" and A PPENDtX "C." 

fU'inhors of the prt'ss, in/out 
U'liitc House photographer, Ln/our 



bv 



(1398) 



72. 1 PRESIDENT NIXON DAILY DIAEl , APRIL 17, 19?!, EXHIBIT 48, 
IN RE GRAND JURY. MISC. 47-73 



P5?ESI0c"Mf RlCH;\f'!J ri^/Ori'S DAILY DIARY 






■',^:;n 



■■iiTr lions i: 

NCTl'X, D.C. 



11:17 



11:20 



11:45 



12:04 



!• :■!,.... 1 



AP:'.IL 17. 1973 

iriE I, AY 

11:17 ri.n. TUESDAY 



T;ie Prc-stcicnt and Liiu First Lady escorted Prir-.e Minister and 
Mri. AndreotLi to tlieir motorcade at the North Portico. 

Tlie Prasidenc and tlie First Lady returned to the second floor 
Residence . 

Tlie President taliced with Mr. Kissing'2ri 



SM/CD/.II) 



(1399) 



72. 2 HOUSE JUDICIARY COmiTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 127Z, 2:46-3:49 P.M. MEETING 

SUMMARY OF WHITE HOUSE EDITED TKANSCRIPT 
April 17, 1973, 2:46 p.m. to 3:49 p.m. 

On April 17, 1973, the President met in the Oval Office with 
Henry Petersen between 2:46 and 3:49 p.m. The meeting opened with the 
President asking, "anything new I need to know?" He said that he didn't 
want to be told "anything out of the Grand Jury" unless Petersen thought 
the President needed to know it. He said he needed to know it if it "cor- 
roborates something or anybody here." but otherwise he didn't want to know 
about it. The President remarked that while he had not been in touch with 
John Mitchell, "he might call me sometime and I don't want to be a oosition 
[sic] of ever saying anything, see?" He asked, "I guess it would be 
legal for me to know?" and Petersen said he thought it was, but the Presi- 
dent replied, "Is it? Well, but don't do it, right." The President said 
he had talked with Rogers the night before, and that they were both concerned 
about the leaks from the Grand Jury proceedings, during the current session 
and during the preceding summer. (pp. 1-5) 

The President said that John Dean, who was basically in charge of 
it for the White House during that period, "will probably have told people 
that he has information from the Grand Jury." (p. 3) He expressed his 
concern over the Department of Justice, and Petersen particularly getting 
embarrassed by this disclosure. Petersen said, "I have no concern about 
that." (p. 3) Petersen said that he had talked with John Dean about three 
things: (1) leaks, which Petersen said he frankly didn't take very 
seriously, "that's part and parcel of the Washington business; (2) Dean's 



(1400) 



72.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 197 Z, 2:46-3:49 P.M. MEETING 

"personal involvement" in "securing . . . equipment and records in Hunt's 
of flea" ; and (3) "status reports," in which Petersen "spoke to him in terms 
of ultimates," the results of Magruder's grand jury testimony, "but not 
the testimony itself." Petersen said that because Dean was "obviously an 
attorney for the Government" in addition to being counsel to the President, 
there was nothing Improper in disclosing the Grand Jury proceedings to him. 
The President said, "Right — well good, I am relieved to hear that." 
(pp. 6-7) 

Earlier, the President had noted Rogers' suggestion that a special 
counsel be appointed because of the leaks, and presumably because of Dean's 
being privy to Grand Jury information. Petersen said, ". . . politically 
if someone wants to say — as they said to Pat Gray — you shouldn't have been 
talking to John Dean. Well, there is no way out of that." The President 
said, "That was perfectly proper for Pat Gray to talk to Dean you know — 
as a matter of fact, it would be improper for him not to. . . . Dean was 
running the investigation of the damn thing and I certainly expected him 
to get all the FBI Information he could." The President asked, "IVhat the hell 
is the FBI for?" and commented that Gray "got a bad rap on that." (p. 7) 

The discussion then turned to a White House statement being 
drafted for release that afternoon, which would deal with the Ervin Com- 
mittee, executive privilege, immunity for White House aides, and other 
matters. The President reported that "we worked out a deal" with the Ervin 
Committee in which the "right of executive privilege will be reserved and 
all witnesses will appear in public session" and "all of our people in 



-2- 



(1401) 



72.2 HOUSE JUDICIARY COMMITTEE STAFF SWdMAEY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 2:46-3:49 P.M. MEETING 

executive sessions." Petersen wondered if "Senator Ervin will be willing 
to hold off public sessions that might interfere with the right of fair 
trial for the others." They both said they favored a delay in the commit- 
tee hearings. The President said, "[I]f I were Mitchell I would be praying 
that the Committee" went forward, which "gives him delay if nothing else" and 
"a change of venue." Petersen said that the President's accommodation with 
the Ervin Committee "makes my job much easier"because Senator Ervin "would 
have been very suspicious if I had gone up there and there was still the 
possibility of some confrontation between you and he." (pp. 8-10) 

The President said Dean naturally would have to go. because he has 
"admitted very deep complicity." He said he had let Rogers read what 
Petersen had given him and had elaborated on everything he knew and that 
Rogers' judgment was that on Ehrlichman it was "very thin." Petersen 
agreed. The President said, "They better have a damn lot more than that 
or they are not going to get Ehrlichman . . '. on that — they may get him 
on something else." He reminded Petersen that he said Dean said Liddy had told him 
everything on June 19th. The President asked, "Do you know when [Dean] told Ehrlichman?" 
The President said, "In California after Ehrlichman had been there in March 
— February? — in March .... The point is that Dean conducted his in- 
vestigation and did not come to Ehrlichman and say 'look we have to go on 
Mitchell' because that's what that was really about." Petersen then told the 
President that what Liddy admitted was that he was present at the Watergate, 
that Dean "knew from prior dealings that Liddy was involved," and referred 
to the February, 1972 meeting in John Mitchell's office to show that "Dean 
knew what Liddy was up to." And Petersen said that Dean told Haldeman that 



-3- 



(1402) 



72.2 HOUSE JUDICIARY COMMITTEE STAFF SUMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973y 2:46-2:49 P.M. MEETING 

"we should . . . not be involved with that — " (pp. 10-13) 

The President described his proposal for what to do with White 
House people. He proposed that "anyone who refused to cooperate will, of 
course, be sacked immediately. Anyone who is indicted at this time will be 
put on leave ~ indefinite leave ~ until he is tried." And "if any charge 
is made publicly ... in open court . . . which corroborate in any way 
against anybody on the White House staff then he will be asked to take leave 
also." Arid the President predicted that those who were asked to take leave 
will resign. Petersen explained that the proposed Magruder indictment would 
name unindicted co-conspirators, against whom sufficient evidence was avail- 
able so that they could be charged. The President said that unindicted co- 
conspirators would also be put on leave from the White House. (pp. 13-18) 

The conversation then shifted to the question of immunity for 
the President's aides. The President said, "I say this strongly - I have 
thought about it a lot I don't care what you do on immunity to Strachan 
or any other second people but you can't give immunity to any top people - 
not Dean - needless to say you don't want to to Haldeman or Ehrlichman." 
Petersen maintained that although he didn't want to have to give immunity, 
the prosecutor had to have the right to make that decision. The President 
said ". . .because your close relationship with Dean [sicj... it would 
look like a straight deal. ..." He continued, "The prosecutor has got 
to know — I can say as far as the President is concerned if John Dean gets 
(inaudible) then I don't care — but Ehrlichman, Haldeman and all the rest 
(inaudible) — why the hell did we give him immunization and not the poor 
damn Cubans? It just doesn't sound right. ... It doesn't sound right — 



(1403) 



?2.2 HOUSE JUDICIARY COmHTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1972^ 2:46-3:49 P.M. MEETING 

it isn't going to sound good for you — because of your relationship — it 

isn't going to sound good for the President." (pp. 18-20) 

Petersen agreed "it's going to look awful," but said, "the thing 
that scares the hell out of me is . . . suppose Dean is the only key to 
Haldeman and Ehrlichman and the refusal to immunize Dean means that Haldeman 
and Ehrlichman go free," Petersen said that was the decision "we are going 
to ultimately come down to." The President replied, "Well you will have to 
come in to me with what you've got (inaudible) then there ... and let me 
handle Haldeman and Ehrlichman." The President said, "[Y]ou can't in good 
conscience say that you are going to send Haldeman and Ehrlichman — or 
anybody for that matter ~ or Colson ~ down the tube on the uncorroborated 
evidence of John Dean"; and Petersen said, "Precisely right." The President 
said that if Petersen came in with Dean plus corroboration, "then we have a 
difficult decision on whether or not we want to immunize him." Petersen said, 
"That is the importance of Strachan." As an example, the President said, 
suppose Dean gave uncorroborated testimony that he told Ehrlichman about 
the Liddy plan in March. "... You wouldn't sack Ehrlichman for that?", 
the President asked. Petersen said he would not prosecute Ehrlichman for 
that, but if Petersen were the President he would sack Ehrlichman. Petersen 
explained that if Ehrlichman were a junior partner in the Petersen-Nixon law 
firm in Oshkosh, he would not fire him, but Ehrlichman is a senior advisor 

to the President of the United States. "That is the difference," said Petersen. 

(pp. 20-23) 

The President continued to maintain that immunity should not be 
given to Dean if he offered only uncorroborated evidence, noting that it would 



-5- 



(1404) 



72.2 HOUSE JUDICIARY COmiTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCEIFT OF APRIL 17, 197Z, 2:46-S:49 P.M. MEETING 



look particularly bad since "he's the guy that sunk Pat Gray." Petersen 
had interjected his concern that as "one of the public I see it perhaps 
more clearly — at least from a different point of view . . . that it's just 
the things that they have done impairs you." He also said that he has 
been arguing with his own prosecutors on immunity for Dean. The President 
said that he felt strongly about immunity, but "just understand I am not 
trying to protect anybody — I want the damn facts if you can get the facts 
from Dean and I don't care whether ~ ". Petersen replied, "Mr. President, 
If I thought you were trying to protect somebody, I would have walked out." 
(pp. 23-27) 

The President said that based on Petersen's information and "just 
a little feel of the whole thing," he would make his decisions. The President 
said he had to get a handle on it to determine what he was going to do when 
charges are made, even if people are not indicted but named as co-conspira- 
tors. Petersen then suggested that in the Magruder indictment, "everybody 
but Haldeman and Ehrlichman" might be named as unindicted co-conspirators. 
Mitchell, LaRue, Mardian and Dean were mentioned. The President suggested 
Colson. "Colson was a big fish in my opinion," he said. Petersen said 
that leaving Haldeman and Ehrlichman out of the indictment "was to give you 
time and room to maneuver with respect to the two of them," and that they 
should be asked to leave nevertheless. "Well you really ought to include 
them (inaudible) if you include the others," the President responded. 
Petersen reiterated his belief that "they have made you . . . very very 
vulnerable to rather severe criticism because of their actions. At least 
in public forums they eroded confidence in the office of the Presidency by 
their actions." (pp. 27-30) 



-6- 



(1405) 



72.2 HOUSE JUDICIARY COmiTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TFANSCRIPT OF APRIL 17, 1973. 2:46-3:49 P.M. MEETING 

The President said, "Well, let's begin with this proposition. 

Let's not get in the wicket where we've got Dean in an immunity position. 

He'll talk. He'll talk." Petersen asked if the President had decided to 

accept Dean's resignation and the President said, no, he had decided he had 

to treat them all the same. Petersen said that if the President accepted 

Dean's resignation. Dean would talk to the press immediately. The President 

said he had told Dean he would handle them all the same; he would not 

"condemn" Dean until he has a chance to present himself; he was going to 

"put all three in the same bag." They discussed Strachan, and Petersen 

said Strachan at that point was debating whether he wanted to be a potential 

defendant or a witness. Petersen said that there was probably not enough 

evidence to implicate Strachan as a principal* that in their judgment he 

was a fringe character, but that he might be used as a witness and given 

"immunity by estoppel." (pp. 30-33) 

They returned to the question of offering immunity to Dean. The 
President said, ". . . I am not trying to do Dean in — I would like to see 
him save himself but I think find a way to do it without — if you go the 
immunity route I think we are going to catch holy hell for it." Petersen 
said it scared hell out of him and was the toughest decision facing him. 
They agreed that Dean probably would not talk without immunity. Petersen 
said that they were trying to persuade Dean to plead guilty to a one count 
felony indictment, just as Magruder agreed to do. "Dean's lawyers," 
Petersen said, "say we will try this whole damn Administration." The 
President said, "Yeah, I know. I heard that. So that puts you in a hard 
spot." (pp. 33-35) 



-7- 



(1406) 



72.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973,, 2:46-3:49 P.M. MEETING 

Petersen mentioned his shock over Mitchell's involvement. The 
President said that what happened was that "Hunt and that whole bunch con- 
ducted this (inaudible) Mitchell wasn't minding the store and Magruder is a 
weak fellow — and the damn thing — and afterwards they compounded it ... . 
They were caught in it and they said — Oh we can't — and basically they 
were trying to protect Mitchell — let's face it. You know that." 
Petersen said that when LaRue testified about Mitchell, he "just broke down 
and started to cry. It is a terrible thing . . . ." The President said 
"(inaudible) as we all do, but we are going to do the right thing. Don't 
you worry about that. I am trying to do the right thing in the way that 
is . . ." Petersen replied, "Mr. President, if I didn't have confidence in 
you — I wouldn't be here." (pp. 35-37) 

Petersen said that Liddy had met with his attorney, and they 
again returned to the question of immunity for Dean. Petersen reported on 
the differing versions of what instructions were given to L. Patrick Gray 
when Dean and Ehrlichman gave Gray "two manilla envelopes" from Hunt's 
office, and on Gray's story of burning them without looking at the contents, 
(pp. 37-40) 

At this point, someone apparently delivered to the President drafts 
of White House statements on (1) agreeing with the Senate Select Committee on 
ground rules regarding executive privilege and testimony of White House aides 
in the forthcoming hearings, and (2) the President's policy towards White 
House aides implicated in the Watergate investigation. The President repeated 
his position that no White House aides should be granted immunity, but Peter- 
sen argued that to make that statement publicly would take away a prosecutorial 



(1407) 



72.2 BOUSE JUDICIARY COmiTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 2:46-3:49 P.M. MEETING 

tool. (pp. 40-45) After talking about the draft, the President said, 
"I want to be very clear on the Haldeman/Ehrlichman thing. That if they 
were left out of the non-indictable list it gives me a little running room." 
Petersen agreed, but said that they would probably be implicated by Magruder 
in a court statement, so "it makes your practical difficulties just as severe 
as if we had named him in the first place." (pp. 46-47) 

Petersen said, "I guarantee you at least twelve hours notice" 
before Magruder 's court appearance. The President noted, "I don't want the 
Washington Post to break this case," but rather the Department of Justice 
or the White House, (pp. 47-48) 

The President asked about Colson. Petersen related Colson's plea 
to Ehrlichman for leniency for the Watergate defendants, and the involve- 
ment of Bittman, Mrs. Hunt, LaRue and Kalmbach in requesting, receiving, 
and raising money for the defendants. Petersen told the President that dur- 
ing the first Watergate investigation he had instructed Earl Silbert not to 
question Donald Segretti about the President's lawyer before the Grand Jury. 
They discussed Kalmbach 's being named as a fund-raiser for the Watergate de- 
fendants. "If you are trying to help them out with their defense — that is 
one thing — but," the President said, " if you are helping them out to keep 
them quiet . . . that is an obstruction job." Petersen said that was right 
if you were acting out of Christian charify that was fine. The President 
said that would be Mitchell's defense on that, and Petersen replied, ".. .all the 
inferences run the other way and that is a hell of a defense to have to put 
to the Jury." (pp. 49-52) 



(1408) 



72.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 2:46-3:49 P.M. MEETING 

They then discussed the proposed statement, and Petersen en- 
couraged the President to "•••get out front."' The conversation closes 
with a discussion of Mitchell, who the President said would fight the 
charges. Petersen said It was terrible for a former Attorney General of 
the United States to be subject to a criminal trial. The President said it 
was for obstruction of justice and not the bugging. (pp. 53-54) 



-10- 



(1409) 



73. On April 17, 1973 from 3:50 to A:35 p.m. the President met with 
H. R. Haldeman, Ronald Ziegler and John Ehrlichman. The President 
described his conversation with Petersen. There was a discussion of 
whether Haldeman and Ehrlichman should take leaves of absence. The 
President went over the text of the statement he was about to give. 

In response to the Committee's subpoena for the tape recording 
and other evidence of that conversation, the President has produced an 
edited transcript of the recording. A summary of that transcript has 
been prepared. 



Page 

73.1 President Nixon daily diary, April 17, 1973, 

Exhibit A8, In re Grand Jury , Misc. 47-73 1412 

73.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, H.R. Haldeman, Ronald 
Ziegler and John Ehrlichman, April 17, 1973, 

3:50 - 4:35 p.m 1416 



(1411) 




7Z.1 PRESIDENT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 



Tiir. WHITE iiou;;!: 

HASIitNf.TOX, D.C. 



9:18 
9:19 
9:30 

9:47 

9:59 

10:05 

10:05 



10:29 



10:29 



10:34 



10:34 



9:25 
9:46 

9:59 

10:00 

10:28 



PMOlN t 

V Pl.rt.t 

R Put. c.l 
ID 



10:34 



12:19 



PRESIDENT RICHARD MIXOri'S DAILY DIARY 

|Sn> 1....I t>,..-.' !■; T...11 Alt,-,:,-, 



i_L 



lw 



DAiQ IM'- :ij. Yr.l 

APRIL 17, 107 3 

IIME IlAY 

9: IS n.r.. TLICSDAY 



Tlic President went to the Oval Office. 

The President talked with his Counsel, John W. Dean III. 

The President met with his Special Consultant, Leonard 
Garment. 

The President mat with his Assistant, H.,R. Halderaan. 
The President met with the First Lady. 

The President and the First Lady went Co the South Grounds of 
the I'fhite House. 

The President and the First Lady participated in an arrival 
ceremony honoring Giulio Andreotti, President of the 
Council of Ministers of the Italian Republic. For a list 
of members of the welcoming committee and of the official 
Italian party participating in the ceremony, see APPENDIX 
"A." 

The President and the First Lady escorted Prinie Minister and 
Mirs. Andreotti to the Blue Room. 

The Presidential party received members of the official 
Italian and U.S. parties. Assisting in the receiving 
line were : 

William P. Rogers, Secretary of State 

Mrs. William" P. Rogers 

Adm. Elmo R. Zunnjalt, Jr., Chief of Naval Operations 

Mrs. Elmo R. Zurat.ialt, Jr. 

The President returned to the Oval Office. He was 
accompanied by: 

Prime Minister Andreotti 

Neil A. Seidenman, State Department interpreter 

Mrs. Anna Saxon, State Department interpreter 

The President met with: 

Prime Minister Andreotti 

Andrea Cagiati, Diplomatic Advisor to Prima Minister 

Andreotti 
Henry A. Kissinger, Assistant 
Mr. Seidenm.an 
Mrs . Saxon 

Members of the press, in/out 
White House photographer, in/out •• .- 






\t^<:. 7 7-P'^ 



M 



4^^^% 



o 



r:c. 



(1412) 



73.1 PRESIVENT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 



PRtSlDi:MT RICHARD Mi;^Oi''l'S DAILY DIARY 



n r.bv 



:■,.:, i>\\ nil. AX 
■•ASHI.VGTOX, n.C. 



UA IP I M, . [;:. Vr I 

Al'RIL 17, 1973 

ll.'ft HAY 

12:19 p.n. TL'ESDA'; 



ZM 



TIMC 


HHdNE 
R ■ RO..C.: 


Af I tVtlY 


Ir. 


Oft 


lo 


ro 




12:19 








The Presidential p^rty v/cnc Co the South Grounds of the 
Wiite House. 


12:23 








Tlie President and Mr. Kissinger returned to the Oval Office. 


12:23 


12:24 






The President met v;ith Mr. Kissinger. 










- The President met with: 


12:35 ' 


2:20 






Mr. Haldeman 


12:35 


2:20 






John D. Ehrlichman, Assistant 


2:10 


2:17 






Ronald L. Ziegler, Press Secretary 


2:30 


2:40 






^ The President met with Mr. Ziegler. 


2:39 


2:40 


P 




' The President talked with Mr. Ehrlichman. 


2:46 


3:49 






The President met with Assistant Attorney General Henry E. _ 
Petersen. 


T:50 


4:35 






'' The President met with: 
Mr. Haldeman 


__ 








Mr. Ehrlichman 


4:41 








The President went to the Press Room. 


4:41 


4:46 




•^ 


' Tne President addressed members of the press on the 
developments in the Watergate case. 

l>/hite House photographer, in/out 


4:46 








The President returned to the Oval Office. 


4:48 


5:03 




V 


The President met with Mr. Ziegler. 


5:09 








The President went to his office in the EOB. 


5:15 


5:16 




- 


The President met with his Special Assistant, Stephen B. Bull. 
- The President met with: 


5:20 


6:19 






Secretary Rogers 


5:50 


7:14 






Mr. Haldeman 


5:50 


7:14 






Mr. Ehrlichman 


6:17 


6:21 


P 




The President talked with Mr. Ziegler. 


6:55 




R 




Tlie President was telephoned by Mr. Kissinser. Tiie call was 
not comTleteJ. 


7:15 








The President returned to the second tUuT RosLJ^'nce. 



35-904 O - 74 - pi. 3 -- 22 



(1413) 



7Z, 1 PRESIDENT NIXON DAILY DIABY, APRIL 17, 1973, EXHIBIT 48, 

IN RE GRAND JURY, hUSC. 47-7Z 

P.VtbiUcf-n HlCilARD NIXON'S DAILY UlAHY 

IV,r T,,..; r:,...r,l f.., T.jv-1 A,i.-.-vi 






l).\V lUi.AM 



T;;IC I-.IIITK HOUSE 
WASIIINCTOX, D.C. 



TIMh 
In Out 






UATE (M,. I„, Y, , 

/J'RIL 17, 1973 

(IME OAY 

7:36 P.O. TUESDAY 



7:36 
8:02 



8:03, 
8:03 



8:22 



8:22 
8:39 

10:11 
10:11 

10:32 
10:33 



7:33 



8:21 



8:39 

10:11 



10:32 



11:17 



The President Calked with Mr. Kissinger. 

TIic President v;ent to the North Portico. 

Tne President greeted Prime Minister and Mrs. Andrcotci. 
Members of the press, in/out 
liJhite Rouse photographer, in/out 

The Presidential party went Co the Yellou Oval Room. 

The President met with: 
Tn& First Lady 

Vice President and Mrs. Spiro T. Agnew 
Prime Minis Cer and Mrs. Andreotti 
Secretary and Mrs. Rogers 

John A. Volpe, Ambassador fi-om the U.S. to Italy 
Mrs. John A. Volpe 

Giuseppe Medici, Italian Minister of Foreign Affairs 
Egidio Ortona, Ambassador from Italy to the U.S. 
Mrs. Egidio Ortono 

The President and the First Lady, accompanied by Prime 
Minister and Mrs. Andreotti, went to the Blue Room. 
Enroute, they participated in a photo opportunity aC the 
foot of the Grand Staircase. 

White House photographer, in/out 

The Presidential party received dinner guests. 

The President and the First Lady hosted a State Dinner in 
honor of Prime Minister and Mrs. Andreotti. For a list 
of dinner guests, see APPENDIX "B." 

The President and Che First Lady went to the Grand Hall. 

The President and the First Lady received guests attending 
the entertainment portion of the evening. For a list c: 
attendees, see APPENDIX "C." 

Tne President and Che First Lady, accompanied by Frinio 
Minister and Mrs. Andreotti, v/enc to the East Koor.i. 

The President and Che FirsC Lady actendad a percorr'-r.-.^-o b^' 
sinf;er I'rank SinaCra. For a iisC of gucsC::, :;^-i- 
An-r.ND I X "B" and A PPEMDIX "C." 

MLinbers of chc press, in/oiic 

Iv'liitc House pliocographcr, in/mic 



(1414) 



7Z, 1 PRESIDENT NIXON DAILY DIABY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 

PF?FSiOhMr Hi';Ti";\f'lj r;i,-orr5 dail/ diary 

f -I' ..,!.■ 1 * i \i - ■', I 



'■V 



"7m 






APi'.lL 17, 1973 

TIME DAY 

U :I7 o.n. TUES DAV 



11:17 



11:20 



11:45 



12:0^ 






T;iG rrc-sLclcnt ar.d tiie First Lady escorced Prime Miniscar and 
Mrs. AndreotLi to their mocorcido at the North Portico. 

T'.ie President and tlie First Lady returned to the second floor 
Residence . 

r.ie President talked with Mr. Kissinger.- 



SM/cn/.in 



(1415) 



73. 2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 3:50-4:35 P. M. MEETING 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
APRIL 17, 1973, 3:50 P.M. to 4:35 P.M. 



On April 17, 1973, the President met in the Oval Office with 
John Ehrlichman, and H. R. Haldeman from 3:50 to 4:35 p.m. Ronald Ziegler 
entered late in the meeting. The principal topic of discussion was the 
statement then being drafted in which the President would announce his policy 
of cooperating with the Senate Select Committee, initiating his new investiga- 
tion, and his policy on immunity for administration officials. The meeting 
opened with the President reporting on his meeting with Petersen, which had 
just ended. The President said, "I completed the round with Petersen and he 
said he completely agreed with me, that he's been arguing that with the U.S. 

Attorneys He said the problem is (unintelligible). I said, 'Well you're 

going to corroborate it, aren't youZ ' 'Yes, of course.' But I put it bluntly. 
No individual — " 

The President briefly described the discussion about leaks from the 
Grand Jury, Gray's destruction of the material from Hunt's files, Strachan's 
guilty plea, the probable statement on unindicted co-conspirators, and the 
fact that Dean, but not Haldeman and Ehrlichman, would probably be named as an 
unindicted co-conspirator. The President reported that Petersen said that un- 
less Ehrlichman and Haldeman took leaves of absence from the White House staff, 
they would be named as unindicted co-conspirators. Otherwise, Sirica's 
questioning of Magruder in open court would make it "appear that the Justice 
Department again is covering up." (pp. 1-3) 



(1416) 



72,. 2 HOUSE JVDICIABY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1 973, 3:50-4:^5 PM.MEETIWG^ _____ 

The President said Petersen reported that "Dean's lawyers say Dean 
is going to make a case against this Administration. They're going to try 
this Administration. . . . So, I guess that's where we stand with Dean." 
They all agreed that for Ehrlichman and Haldeman to take leave if they were 
not implicated would be a confession and would look like a cover-up. Haldeman 
criticized the prosecutors' handling of Strachan, and reported that they had 
indicated they will prosecute Strachan for perjury even though he had volun- 
teered to correct at least one mistake in his testimony. (pp. A-6) 

They then turned to the statement which the President was considering 
making that afternoon. After discussing the section that dealt with White 
House staff appearing before the Senate Select Committee, they turned to the 
part about the President's inquiry into Watergate. The President said, '"I 
began new inquiries into this matter as a result of serious charges which were 
reported publicly and privately.' Should we say that?" Ehrlichman said, 
"Publicly, comma, 'which in some cases were reported publicly. '" The Presi- 
dent said, "'Four weeks ago we,' Why don't we say, shall we set a date? That 
soijnds a hell of a lot stronger if we set a date." Ehrlichman replied, "All 
right." The President continued, "'On March 21, I began new inquiries,' Strike 
that, 'I ordered an Investigation, new inquiries throughout the government — '" 
The President also suggested, "In other words, 'on March 21 we started an investi- 
gation because of the public hearings.'" Then they decided to make reference to 
conferences with Kleindienst and Petersen, the President's own investigation, 
major developments in the case, and treatment of and cooperation by Executive 
Branch personnel involved in the investigation. (pp. 7-11) After an apparent 
reference to Strachan, the President said, "That's right Bob, he should just take 
their offer. Believe me, we don't have to have (unintelligible). He isn't 



-2- 



(1417) 



7Z. 2 HOUSE JUDICIARY COMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 3:50-4:35 P.M. MEE TING 

trying to hide anything." Haldeman said he would feel fine with his doing 
that. "IS]o he says some things that are damaging. They are only slightly 
damaging, and we've had plenty of damaging things already." The President 
said, "That's right Bob, just tell him to take it. . . . Tell him to take 
it but tell them the mere truth. You see, they think it is worse than it is. 
They think he is covering up and they are wrong. That's what it really gets 
down to." Haldeman commented that Strachan had confided in Dean and was afraid 
that Dean would "take something that is partly right and twist it, which is 
what Dean is doing, and hang him on it." (pp. 11-12) 

Haldeman reported that he and Ehrlichman were meeting with their 
attorney that afternoon. The President said, "I guess (unintelligible) may 
resign." Haldeman answered, "That would be a very foolish thing for him to 
do." Haldeman said that he and Ehrlichman would "hang together playing this 
game," but would request a leave of absence if they were named in the Magruder 
indictment. (pp. 13-15) 

Again they discussed the prospect of Dean's lawyers trying the 
Administration, and Ehrlichman mentioned the upcoming Senate Select Com- 
mittee hearings. Ehrlichman also suggested that Dean's testimony may not 
be admissable on the grounds that "his communication to us was a communica- 
tion to you, and vice versa. As an alter ego to the President." The 
President responded, "I don't have any separate existence." (pp. 15-17) 

Towards the end of the meeting Ziegler^ entered the room, and 
mentioned that Leonard Garment needed to know ground rules before he 
talked to Senator Ervin, and they discussed answers Ziegler should make 
to possible questions from the press on Watergate. (pp. 17-20) 



-3- 



(1418) 



74. On April 17, 1973 froa A:42 to 4:45 p.m. the President issued a 
public statement containing two announcements. The President first 
announced that White House personnel would appear before the Senate 
Select Committee, but would reserve the right to assert executive 
privilege during the course of questioning. He then reported that on 
March 21 he had begun intensive new inquiries into the whole Watergate 
matter and that there had been major developments in the case. The 
President stated he had expressed to the appropriate authorities his 
view that there should be no immunity from prosecution for present 
or former high Administration officials. The President said that 
those still in government would be suspended if indicted and discharged 
if convicted. 



Page 

74.1 President Nixon statement, April 17, 1973, 

9 Presidential Documents 387 1420 



(1419) 



74. 1 PHESIOMT NIXON STATEMENT. APRIL 17. 1973 9 PRESIDENTIAL DOCUMEFITS 387 



P->rilCl = NIiAL DOCCMSNiS: RiCHARO flUON. 197] 



M-<. JO'FTT SlfOV-Si , I-:' \V;■.^!l■^^itc■H- Ij C'.. Iiii^iiv*. rtrlj tl\ ic 

!.vJ r. 'A'ashlni-i.jn, P.C. 
|.-.i:-' '!". ''I'NNt''*. "f M'-rrKrown, N.J., pirsidcnt a:id tbiof cxrcu- 
i-\ «■ oir.ror, Allied CH'-i:iical Curp , New V'ork, XAv ; and form!^r 
I- M f'-iAry t»f Co;iimvrcc 

r. ' .: I- rr". cx}.ir:r.g Ocl.:l-'r 26, 1074 

?vl; rt i:!:i.i. I. Kafxkski, i-f Bloornfickl Mills, Mich., chair.Tian ff t'lc 

h '^i-J, proidf'nl, and Irt'^isurt-Tj Aaclru.i, Inc., M.iJisoii Hcit;!'.:-. 

Mich. 
U'li.Lrr. L Lf.ftwich, of W.iihingwi'.. DC . aunrney, Hiidjor. and 

Lcftuich, Waihlngii):!, D.C. 

Tlic President ?.!50 announced llic desigp^tion of Mr. 
OueisJa to serve as Chairman and Mr. Rruckmrinn to 
^cr^ c a,s Vice Chairman of the Board o! Directors of the 
Pcnn^yIvania Avenue Df\elopment Corporation. 

In addition to the ei^ht members appointed 'oy the 
Pre--iiclent the Board of Directors ako consists of the fol- 
lowing: Secretar) of the Interior, Secretary of the Treas- 
ury, Secretary of Housir.g and Urban Development, Secre- 
tary of Traniportation. Administrator of General Services, 
Commissioner of the District of Columbia, and the Chair- 
man of the District of Columbia Council. The eight mem- 
bers appointed by the President will ser^e terms of 6 years 
CMicc the initial staggered terms have expired. 

The Pennsylvania Avenue De\'elopment Corporation 
was established by the Pennsylvania Avenue Development 
Act of 1 972 ( Public Law 92-578 ) to provide for the prep- 
aration and carrying out of a development plan for the 
area between the White House and the Capitol. 



The Watergate Investigation 

The Presidenl's Remarks Announcing Developments and 
Procedures To Be Followed in Connection with the 
Investigation. April 17,1973 

Ladies and gentlemen: 

I have t^vo announcements to make. Because of their 
technical nature, I shall read both of the announcements 
to the members of the press corps. 

The first announcement relates to the appearance of 
White House people before the Senate Select Committee, 
better known as the Ervin Conmiittee. 

For several weeks, Senator Ervin and Sen.\tor Baker 
;ind their cminsci have been in contact with White House 
rcp' csentatives John Elirlichman .iiid Leonard Garment. 
Til;-.- have been talking about ground niles •.\hich would 
pri-NiTve the scpaiatiun of powers \'. ithout suppressing the 
I'.u-ls. 

f l.'-!iev-- ni.w an agreement has been reached which 
i; ■ ".^i^r,!: i.'>r\' t") l")'h .-^ides. The i omnii'iire groimd r\i!cs 



p Aver<. They provide that the appearance by ii witns.> 
in.iy, in the first irisdncc, l)c in c>:ccuti\c ses.<:on, if 
appropriate. 

Second, exi'cutivc privilege is expressly reserved and 
ni.'.v be asscrtfd during the course of the qucslioning as 
to any question. 

Now, much has been made of the iiv.ie a.> to '.vhetlier 
the prc/'.cedings could be teknised. To me, this has never 
been a rentral issue, especially if the separation of powers 
ppbkrn is other\vi.=e solved, :ls I now think it is. 

.Ml members of the White House StafI will appear vol- 
untarily when requested by the committee. Ihcv will tes- 
tify under oath, and they \vill ans\¥er fully all proper 
questions. 

I should point out that this arrangement is one that 
covers this hearing only in which wrongdoing has been 
charged. This kind of arrangement, of course, would not 
apply to other hearings. Each of them will be corisidered 
on its merits. 

My second announcement concerns the Watergate case 
directly. 

On March 2 1 , as a restJt of serious charges which came 
to my attention, some of vvhich \vere publicly reported, 
I began intensive new inquiries into this whole matter. 

Last Sunday afternoon, the Attorney General, r\ssistant 
.Attorney General Peterson, and I met at length in the 
EOB to revnew the facts which had come to me in my 
investigation and also to review the progress of the Depart- 
ment of Justice investigation. 

I can report today that there have been major develop- 
ments in the case concerning which it would be improper 
to be more specific now, except to say that real progress 
ha.s been made in finding the truth. 

If any person in the executive branch or in the Govern- 
ment is indicted by the grand jury, my policy will be to im- 
mediately suspend him. If he is convicted, he will, of 
course, be automatically discharged. 

I have expressed to the appropriate authorities my vie\» 
that no individual holding, in the past or at present, a 
position of major importance in the Administration should 
be given immunity from prosecution. 

The judicial process is moving ahead as it should, and 
I shall aid it in all appropriate wa\s and have so infonr.ed 
the appropriate authorities. 

.As I have said before and I have said throughout this 
entire matter, all Government employees and cspecially- 
Wliue House Staff employees are expected fully to co- 
opcr.itf in this matter. I condemn any attc.^^pt^ to cover 
uo in thisrase, no matter who is invoked. 

I'h.u'.k you. 

NOTi:: The Pi-.M-'z-.l spok.- a: 4:1? p iii. in the B,-i-tTr.,j K >o:n il 

tl.f While Hi i!sc. 



Volo.-n* 9 — ^'umb■.•f 16 



(1420) 



75. On April 17, 1973 the President met in his EOB office with 
William Rogers from 5:20 to 6:19 p.m. and with H. R. Haldeman and John 
Ehrlichman from 5:50 to 7:14 p.m. The President briefed Rogers on his 
Investigation and his discussion with Petersen. There was a discussion of 
whether Haldeman, Ehrlichman and Dean should resign and of Dean's testimony 
against Haldeman and Ehrlichman. Haldeman and Ehrlichman reported on 
their conversation with John Wilson, a defense attorney in criminal cases 
who had been recommended by Rogers . There was a discussion of what 
Dean had told Kalmbach about the purpose of the money he was asked to 
raise . 

In response to the Comrd-ttee's subpoena for the tape recording 
and other evidence of the President's conversations of April 17, 1973 
from 5:50 to 7:14 p.m., the President has produced an edited transcript 
of the recording of his conversations from 5:20 to 7:14 p.m. A summary 
of that transcript has been prepared. 



Page 

75.1 President Nixon daily diary, April 17, 1973, 

Exhibit 48, In re Grand Jury , Misc. 47-73 1422 

75.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, William Rogers, H. R. 
Haldeman and John Ehrlichman, April 17, 1973, 

5:20 - 7:14 p.m 1426 



(1421) 




7S.1 PRESIDENT NlXOm DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-72 

PntSIOEMT RICHARO MlXOfl'S DAILY DIARY 

ISiv I1..I r.'i..,.' I,., Tr.-tl ^,„ ,:i. 



r "'^ I 



rrrpi- 



El 



TiiF. MICTE I10US1-; 
ViASIltt.'CTOX. n.c. 



9:18 
9:19 
9:30 

9:47 
9:59 

10:05 

10:05 



10:29 



10:29 



10:34 



10:34 






9:25 
9:46 

9:59 
10:00 

10:28 



10:34 



12:19 



APKIL 17, 1973 
riME n\Y 

9:18 n.n. TL'ESDAV 



J'c 



Tl\c rresldent went to the Oval Office. 

The President talked with his Counsel, John W. Dean HI. 

The President met with his Special Consultant, Leonard 
Garment. 

The President met with his Assistant, H.,R. Haldenan. 

The President met with the First Lady. 

The President and the First Lady went to the South Grounds of 
the l>fhite House. 

The President and the First Lady participated in an arrival 
ceremony honoring Giulio Andreotti, President of the 
Council of Ministers of the Italian Republic. For a list 
of members of the welcoming coranittee and of the official 
Italian party participating in the ceremony, see APPENDIX 
"A." 

The President and the First Lady escorted Priine Minister and 
Mrs. Andreotti to the Blue Room. 

The Presidential party received members of the official 
Italian and U.S. parties. Assisting in the receiving 
line were: 

William P. Rogers, Secretary of State 

Mrs. William P. Rogers 

Adm. Elmo R. Zwm/alt, Jr., Chief of Naval Operations 

Mrs. Elmo R. Zumwalt, Jr. 

The President returned to the Oval Office. He was 
accompanied by: 

Prime Minister Andreotti 

Neil A. Seidenman, State Department interpreter 

Mrs. Anna Saxon, State Department interpreter 

The President net with: 

Prime Minister Andreotti 

Andrea Cagiati, Diplomatic Advisor to Prima Minister 

Andreotti 
Henry A. Kissinger, Assistant 
Mr. Seidenman 
Mrs. Saxon 

Members of the press, in/out 
White Hour.e photographer, in/out - J^'' 



(1422) 



75.1 PRESIDENT NIXON DAILY DIARY, APRIL 17, 197Z, EXHIBIT 48, 
IN RE GRAND JURY, MISC. 47-73 



PRESlDiMT RICHAfJD MIXOM'S DAILY DIARY 

IS..: I.iicl R'....! 1.-' TfJ^cl Atl.vH.j 



oA'A . ^^ _ 



, . ( . ,,u 1,11. A.S 

THE iffliTE iiOi;sn 

'.■.•ASniN'CTOX, P.C. 



DA ir rM., . (;,, Yr » 

AI'IUL 17, 1973 

CIMt DAY 

12:19 p.n. TUESDAY 



a>\ 



HH(\Nit 



12:19 



12 


23 






12 


:23 


12 


24 


12 


:'35 ' 


2 


.20 


12 


35 


2 


20 


2 


:10 


2 


17 


2 


30 


2 


40 


2 


:39 


2 


40 


2 


:46 


3 


:49 



3:50 

4:41 
4:41 

4:46 
4:48 
5:09 
5:15 



IT 



20 
5:50 
5:5 

6:17 

6:55 

7:15 



4:35 



4:46 



5:03 



5:16 



6:19 
7:14 
7:14 

6:21 



The Presidential oarty went Co the South Grounds of the 
W)ite ilouse. 

Tlie President and Mr. Kissinger returned to the Oval Office. 

The President met v;ich Mr. Kissinger. 

The President met with: 
Mr. Haldenan 

John D. Ehrlichman, Assistant 
Ronald L. Ziegler, Press Secretary 

The President met with Mr. Ziegler. 

The President talked with Mr. Ehrlichman. 

The President met with Assistant Attorney General Henry E. 
Petersen. 

The President met with: 
Mr. Haldeman 
Mr. Ehrlichnian 

The President went to the Press Room. 

The President addressed members of the press on Che 
developments in the Watergate case. 

White House photographer, in/out 

The President returned to the Oval Office. 

The President met with Mr. Ziegler. 

The President went to his office in Che EOB. 

The President met with his Special AssisCanC, Stephen B. Bull. 

The President met with: 
Secretary Rogers 
Mr. Haldeman 
Mr. Ehrlichman 

The President talked with Mr. Ziegler. 

Tlie President was telephoned by Mr. Kissinger. The call was 
not comTleted. 

The President returned to the second floor RosiJoiice. 



(1423) 



75.1 PFESTDENT fITXON DAILY DIABTj APRIL 17, 1973, EXHIBIT 48, 

IN RE GRAND JURY, MISC. 47-73 

,„,„.....--■. P.-VtblljciNr HICilARD i^l'XON'S DAILY OlAS/ 

IVt T.-iil K,,.„.l (.., T.i-.-l A.M..-,1 

iMA' i: i>AV nn.AN 






T'.IC V.IIITK HOl'SF. 
'./ASMIN'GTOX, U.C. 






DA re (M, . I),, Yr I 

/J-RIL 17, 197 3 

TIME DAy 

7:36 p.n. TUESDAY 



7:36 
8:02 



8:03_ 
8:03 



8:22 



8:22 
8:39 

10:11 
10:11 

10:32 
10:33 



7:33- 



8:21 



8:39 
10:11 



10:32 



11:17 



The President talked with Mc. Kissinger. 

T!ie President v;ent to the North Portico. 

The President greeted Prime Minister and Mr.=! . Andreotti. 
Members of the press, in/out 
I'Thite Hoase photographer, in/out 

The Presidential party went to the Yellow Oval Pooom. 

The President met with: 
Tne First Lady 

Vice President and Mrs. Spiro T. Agnew 
Prime Minister and Mrs. Ajidreottl 
Secretary and Mrs. Rogers 

John A. Volpe, Ambassador from the U.S. to Italy 
Mrs. John A. Volpe 

Giuseppe Medici, Italian Minister of Foreign Affairs 
Egidio Ortona, Ambassador from Italy to Che U.S. 
Mrs . Egidio Ortono 

The President and the First Lady, accompanied by Prime 
Minister and Mrs. Andreotti, went to the Blue Room. 
Enroute, they participated in a photo opportunity at the 
foot of the Grand Staircase. 

White House photographer, in/out 

The Presidential party received dinner guests. 

The President and the First Lady hosted a State Dinner in 
honor of Prime Minister and >hrs . Andreotti. For a list 
of dinner guests, see APPENDIX "B." 

The President and the First Lady went to the Grand Hall. . 

The President and the First Lady received guests attending 
the entertainment portion of the evening. For a list cr 
attendees, see APPENDIX "C." 

Tne President and the First Lady, accompanied by Prime 
Minister and Mrs. Andreotti, went to the East Ke..>r.<. 

Tlie President and the First Lady attended a perferr.:,r.'.v-e bv 
singer I'rnnk Sinatra. For a list of (:ucst.-:. rs^-e 
API'l-ND I X "B" and A PPENDIX "C." 

Mi-mbers of the press, in/out 

White House photograplicr , in/out 



(1424) 



7S.1 PRESIDENT NIXON DAILY DIARY, APRIL 17, 1973, EXHIBIT 48, 
m RE GRAND JURY, MISC. 47-73 



PRESIOtMf RICVIAKD fJlXOri'S DAILY D!ARY 

• - . 1 1 . in -ftp- 1- ,1 \< ■;■>,- » 






liii-: ii'iiLTF. iiousi: 

'■'s.'irNCTilM. D.C. 



11:17 



11:20 



11:45 



I- ;i. .,1 1 
: 1! .>.-,f 1 I 



IM:l rM., . 1),. V, , 

APiUL 17. J973 

IIME HAY 

11 :17 o.m. TUESDAV 



12:04 



T:ig Prc-aidcnt and ciie First Lady escorted Prime Minister and 
Mrs. AndreotLi to their motorcade at the North Portico. 

Tlie President and the First Lady returned to the second floor 
Residence . 

Tlie President talked with Mr. Kissinger.- 



SM/Cn/.fD 



(1425) 



75.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 197 Z, 5:20-7:14 P.M. MEETING 



SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
April 17. 1973 5:20 p.m. to 7:14 p.m. 

On April 17, 1973 the President met with Secretary of State 
William P. Rogers at 5:20 p.m. in his EOB office. Haldeman and 
Ehrlichman entered the meeting after it began, and Rogers left before 
the meeting ended at 7:14 p.m. 

Rogers asked the President if he had made his announcement. The 
President said he had, that it wouldn't hurt anything and was the right 
move. Rogers agreed. (p. 1) 

The President said he had talked to Petersen again that day, and 
Petersen said they had to resign, "fjjust figures you can't keep them." 
The President asked if Rogers had any different views today. Rogers said 
he didn't, that he thought it was the right step to go. The President said 
"it's going to be bloody." Rogers said that the top people in government 
deserve the same consideration as anybody else, and the President said, 
"Damn right." The President said that the New York Times would have an 
editorial the next day that the President should fire the whole White House 
staff, anybody who did it. But, said the President, "I think they [the 
people] like a man who stands up to them — not to condemn people before 
they're proven." (pp. 2-3) 

Rogers asked what Petersen said on Ehrlichman, "Does he have any 
other evidence except what's in that piece of paper because if he doesn't 
there wasn't anything in there." The President said "hardly anything," 
except that Gray now recollected that he got the material and destroyed it 



(1426) 



75.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. MEETING 



because he was told it was political material, had nothing to do with 
Watergate. This had destroyed Gray, the President said, it was "an 
unbelievable story." Rogers asked, "Well, now Ehrlichman didn't tell him 
to destroy it?" The President replied, "Hell no. Gray went back — Dean 
did give it to him. It was in Ehrlichman's office." The President said 
he "put it hard to Petersen" and even used Rogers' name. He said he told 
Petersen that Rogers looked it over and said they didn't have much of a 
case on Ehrlichman. (pp. 3-4) 

The President said the prosecutors were "trying like hell to just 
frighten people to death. They're going to send em to jail and so forth." 
The President told Rogers they were "trying to break" Strachan. The 
President said he didn't understand, Strachan could be either a witness 
or a defendant, and he told Haldeman to tell him to be a witness. (p. 4) 

Rogers asked what had happened to Dean, and the President said, "They 
made a deal with him. And that's why I put in that statement, I hope — 
that's the point." The President said he told Petersen he had talked to 
Rogers and they had a grave problem in giving the President's counsel im- 
munity. He said Petersen had replied, suppose it's Dean's testimony that 
we need to get Haldeman and Ehrlichman, shouldn't we give him immunity? 
The President said he had told Petersen, "No — not unless you have cor- 
roboration." Rogers said that what was done on things like that was to 
say to a fellow, you've violated the law, you've got to be indicted, we'll 
consider the help you've given us when it comes to the question of your 
sentence. "In other words," said Rogers, "you . . .[hjold out the prospect 



(1427) 



75.2 HOUSE JVDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. MEETING 

-3- 



to him." The President asked how John Dean, the President's counsel, could 
be given total imnunity "when he's involved? He admits involvement through- 
out." The President told Rogers, "I said no. I said, by no means. I'd 
get the rack." 

The President told Rogers that Petersen said he agreed with that 
and was trying to convince the U. S. Attorneys, "but they are hot on trying 
to give him immunity and they're going to. And they want to (unintelligible) 
Haldeman and Ehrlichman. Frankly, that's it." (p. 6) 

The President told Rogers "what this statement was on." He said 
they were going to have Magruder in open court eventually and were going to 
put out this statement in which they would name other unindicted co- 
conspirators. Petersen said otherwise Sirica would ask Magruder questions, 
and he would testify in open court about other people, the President said. 
"I think that is a hell of a prejudicial thing to do — the rights of an 
individual — ." The President continued that they told him that Haldeman 
and Ehrlichman would not be on the list if the President fired them. He 
said Petersen told him they were giving him an option so that he "could 
move ahead of the herd basically by just letting them go." The President 
told Rogers that he thought if he let them go they would be on the list 
anyway. It would appear that he heard they were going to be on the list 
and fired them and they were on it. The President said, "That's my problem. 
We're not prosecuting my two top people and I let them go. I don't think 
that makes sense at all or do you agree?" Rogers agreed that it would look 
bad from the President's standpoint. The President said that if he let 



(1428) 



75. 2 HOUSE JUDICIARY COmiTTEE STAFF SUMIARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1972, 5:20-7:14 P.M. MEETING 

-4- 



Haldeman and Ehrlichman go and they weren't on the list, they would call 
them before the Grand Jury and then indict them if they could get infor- 
mation. Rogers said that it was a perversion of the Grand Jury process 
if Sirica questioned a defendant on a guilty plea to find out who else 
was involved. (pp. 6-9) 

The President said that he thought Ehrlichman was "going to beat 
it. I don't think it's going to help him, if by letting him go, I know 
that he's gone to the prosecution." The President said, "[Y]ou know I 
am concerned about my people. I know that Haldeman and Ehrlichman are 
not guilty of a damn thing." The President said to Rogers, "It's only 
tangential on that. Bill — tangential. Sure they knew we were raising 
money for these daihn defendants, but they were (unintelligible) in the 
campaign. I mean, I mean (unintelligible) Dean at the meeting, wasn't 
he?" The President continued, "Ehrlichman was handling the whole domestic 
thing and Haldeman was working with me at the time. They didn't work in 
the campaign. It was all over with Mitchell. Mitchell was — in this 
whole thing — and frankly. Dean was handling it for the White House. 
(Unintelligible). Our people were aware that he was. We were aware 
about that." (pp. 9-10) 

Rogers asked how the President had left it with Petersen and 
said, "I think from now on you better let him go into the brawl." The 
President said, "I have." He said Petersen was going to report to him 
and that he had told Petersen that he would like to know if Petersen 
got any corroborating testimony. The President said he had told Petersen 
he would like to be warned if there was corroborative testimony so he 



(1429) 

35-904 O - 74 - pi. 3 — 23 



75.2 HOUSE JUDICIARY C0t4MITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. MEETING 



could call his people in and ask for resignations. The President said, 
"That's all I told him. Well I'm not going to talk to him any more 
about that. After all, I'm the President of the country — and I'm going 
to get on with it. . .I've been living with this for (unintelligible) 
that's all I've been doing for half the time now." The President mentioned 
the people that he had trust in, said he had trust in Ehrlichman, had 
Ehrlichman working. Ehrlichman had completed the job and got to the bottom 
of the thing. (pp. 10-11) 

The President said that Ehrlichman said, "There is a possible, 
possible situation of the act of ~ What do you call it?" Rogers' reply 
was "(Unintelligible)," and the President said, "If the individuals knew 
that the purpose was to keep people from talking in court. In court, not 
openly. Apparently, it's — You might keep 'em from it ~ but he said, 
'Anyway, that's the problem.' So, I don't know. I still don't know if 
it is a problem." The President said that he was thinking of Haldeman, 
Ehrlichman, Dean and their kids, of the possibility of their mocking a 
great career. Their service, the President said, had been efficient. 
"I'll tell you, if they aren't convicted. Bill, they'll come out .... 
This '11 be in better perspective in a year, I think." Rogers said he 
thought the first blush would be — and the President interjected, "Terrible." 
The President said, "I'll be here, all along. Bill. The Jury indicts, 
moves. We're going to get on with this country. A lot of people in the 
country, we may find, they feel the President is doing the best he can in 
the damn thing. If I had wanted to cover-up ~ they probably think the 
President can cover-up. If I wanted to, I sure haven't done it very xrell, 
have I?" (pp. 11-13) 



(1430) 



75.2 HOUSE JUDICIARY COhMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. MEETING 



Rogers asked If the President had any indication of what Dean was 
going to do. The President said, "[H]e's going to try this whole Administra- 
tion I would expect. And my view on that is let him try the whole Admini- 
stration." The President said Ziegler pointed out that Dean had conducted 
an investigation for nine months and now came forward and charged inaction. 
The President said, "Dammit, why didn't he come in earlier, and tell me 
these things, Bill? Why didn't he do it? If he knew, I would think that-" 
The President asked why, once it had happened, it wasn't cut off right then, 
by someone (apparently Mitchell) stepping forward. "Well. I think I know," 
the President said, "They just thought that might hurt the election." 
(pp. 13-15) 

The President said that he would rather have it in the courts than 
in the Committee, and Rogers agreed and said that was the way it was sup- 
posed to be, that was the system. The President said, "It sure shows the 
s ystem works, though, doesn't it?" Rogers asked the President what Petersen 
thought of the President's statement, and the President said he had thought 
it was fine. Rogers said Sirica had been suspicious there was a cover-up 
and had tried to put pressure on the ones who knew. Magruder, Rogers said, 
was a willing witness, not a reluctant defendant, who would testify, had 
been working with the prosecutor, and would be called before the grand jury. 
Rogers said, "Why the hell he's - that (unintelligible) open court. That's 
the — that's what the Grand Jury's for." (pp. 15-16) 

The President said he thought "the partial reaction" to his state- 
ment would be, "Thank God, the President's finally said something about 
Watergate," and Rogers agreed. The President said he wasn't taking any 



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TRANSCRIPT OF APRIL 17, 1973, 6:20-7:14 P.M. MEETING 



comfort out of it because "for a period of time it's going to be painful," 
when Mitchell gets indicted, and possibly Haldeman and Ehrlichman. (pp. 15-17) 

Rogers said that he thought Haldeman and Ehrlichman ought to resign 
but talk to their lawyer first. Rogers said he didn't understand what 
Magruder was going to do, but it seemed to him "if Dean has mentioned them 
that way that they ought to then take a leave of absence." The President 
asked if Rogers would wait until their names were mentioned, and Rogers said, 
"Yeah." The President said he had told Petersen that Rogers and the President 
found the charges uncorroborated, and Petersen agreed but wanted the 
President to "sack 'em." The President said, "I've got to live with myself. 
I don't want to do it in that (unintelligible). That isn't fair." The 
President said that if they were not named in the statement, they would be 
called. "They'll be indicted and (unintelligible)." Rogers said that undicted 
co-conspirator was "just as bad as being indicted, especially when you know 
somebody was (unintelligible) lying. So you're named, but you can't clear 
your name." Rogers said, "If you're named as a co-conspirator and forced to 
resign, then you're convicted without a trial." (pp. 18-21) 

The President said that he was afraid Haldeman was probably in 
trouble, though he wasn't sure he'd be indicted. Rogers said he wasn't sure 
he would be indicted. The President said, "Well, staying too close to the 
money. He never can explain that. In terms of legal involvement though but 
he could never explain to the people and you (unintelligible) some of that damn 
money back there for 'em. Testified by Mitchell, by, by Dean. Was it a 
(unintelligible) of the defense?" Rogers said the President would have 
twelve hours, and the President asked Rogers to put his mind to the problem 



(1432) 



75 2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF MITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1975, 5:20-7:14 P .M. MEETING 



-8- 



"because I really think we've got to start helping 'em. Help advise them. 
They're in the eye of the hurricane." Rogers said they had a little time 
to see how the President's statement played. (pp. 22-23) 

The President said that he thought "that he probably didn't know 
about -- ... My feeling was that Mitchell -- basically always thought 
Magruder knew the damn thing. Mitchell just wasn't tending the shop. That's 
what I understand." Rogers said he thought Mitchell might well have given 
the go ahead and said, "Oh yeah, to hell with this." The President said, 
"Yeah. 'Don't tell me about it.'" Rogers said he was surprised about 
Dean, and the President said Dean claimed he didn't have anything to do with 
having them go ahead, but after that "Dean came in in terms of the obstruction 
of justice. There's where he's vulnerable. That's all. He's not vulnerable 
on the first part in my opinion." Rogers asked if they had gotten 
written statements from Dean and Magruder, and the President said they had 
debriefed him. He said, "Where Dean is concerned, nothing they can do to 
shake him. On that one he stands firm." Rogers said he thought "the one 
fellow that had to know about this and should just take a leave of absence 
is Dean." The President replied, "(unintelligible) what about this -- who 
the hell wants to (unintelligible)? It looks like this might (unintelligible) 
of course, set him off .... Worse than he is." Rogers said, "Well, I 
think your point is true enough. He appears beyond the thing, although he --." 
The President said, "He was the one .... He handled the whole thing." 
The President told Rogers that, when he had started his investigation on 
March 21st, he saw Dean at least "(unintelligible) times"; that at Camp David 
Dean was "to write the (expletive deleted) up so we could put out a statement"; 



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?S.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. MEETim 



-9- 



and that he said he really couldn't write a statement the President could 
put out. "So I must say, I've done everything I can to get to the bottom. 
Bill, as you can see." The President said he had told John to "let it all 
hang out . . . you got to tell me what the hell the score is so we'll 
know how to deal with this. We're not going to be nibbled to death by a 
thousand hurts." And that, said the President, was "exactly what we've 
done." The President said McCord's allegations had "enough there /lo/. . . put 
anybody on notice that without a doubt there's something wrong," and that 
was why he had to move. (pp. 23-25) 

Rogers said that it was basically up to John and Bob and that it was 
difficult for anybody else, who really didn't know what the facts were. Rogers 
said that Ehrlichman must be shaken, and the President said that he was, 
that he was saying, "Going to fight, discredit Dean -- discredit the 
prosecutor." The President said, "That'll be one hell of a big fight." (pp. 26-27) 

The President told Rogers they were thinking of Judge Byrne for 
Director of the FBI, and described his qualifications. (p. 28) 

At this point, Haldeman and Ehrlichman entered the meeting. They 
reported that they had met with their lawyer, John J. Wilson. Ehrlichman said 
Wilson knew Petersen and Glanzer, "and he despises them." The President said 
he never talked to Petersen any more, that was done - "except for all the 
information I want." The President told Haldeman and Ehrlichman that Petersen 
said he would give the President 12 hours notice with regard to the Magruder 
thing, "and I think I want that." Ehrlichman gave Wilson's explanation of 
the procedure involving unindicted co-conspirators and interrogation on a 
guilty plea. Rogers said that being named as an unindicted co-conspirator 



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75.2 HOUSE JUDICIARY COmilTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. MEETING 

-10- 



and being forced to leave was equivalent to indictment; "You both would be 
indicted and convicted by the public beforehand." (pp. 29-36) 

Ehrlichman suggested that he had privilege in his conversations 
with Dean, and particularly the conversation where Dean said he came and told 
Ehrlichman that Liddy had confessed. Ehrlichnan said, "/T/he only reason 
to tell me was not for me as me but because I was one of the two conduits 
that he had to the Boss. He didn't have, I mean, the organizational set-up 
was that way." Haldeman said that the President's log showed that from the 
Watergate break-in until the end of August, the President never saw John 
Dean, during July and August the President had no communications with Dean 
at all. Ehrlichnian said that Dean gave a lot of legal advice about this 
case. "A lot of traffic and all that, but there's also developed a poor 
relationship and sooner or later the President is going to have to decide 
whether he wants to consider privilege--if Dean becomes." Ehrlichman said it 
involved both his communications with Dean and Haldeman' s, that it was a 
tough problem, and the President would probably want to reserve it. Rogers 
said that it was "really ticklish," and "it is hard to understand he was 
Counsel to you as well as to the President." Rogers asked how Dean contacted 
the President, and Haldeman said, "He dealt with one of us." Ehrlichman 
said that Dean was "really an advisor" to them in their capacity to make 
decisions. Rogers asked, "Problem is, what do other people say about him?" 
Ehrlichman replied, "He's a jerk. Sure, that's right." The President said, 
"And I deferred to him in this damned investigation. Remember you said, 'I 
think you ought to talk to John Dean.' Remember. And I called him in 
there. And, -- , I listened ad infinitum and carted him off to Camp David." 
Haldeman said, "(unintelligible) I deferred to him on most occasions." 
Rogers suggested they think it over. (pp. 36-39) 



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75.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. MEETING 

-11- 



The President said that on Sunday Kleindienst and Petersen had 
come in and said, "'Because of Haldeman and Ehrlichman -- just the fact 
that both of these clowns had implicated them and they ought to resign. 
They haven't served you well, Mr. President' and all that sort of thing," 
The President said, he told them he couldn't do it on un-corroborated 
testimony and that a moment of truth for them would be when they said they 
have corroborative testimony. The President said, "Do I. have to examine 
the damned testimony" or could he just ask them voluntarily to leave? The 
President said his theory, and Rogers', was that "a person in public office 
should have no more and no less rights than a person out of public office." 
Haldeman said there was a good counter argument that a person in public 
office has a higher obligation than a person not in public office. Rogers 
said he thought it was for the individual to decide. Ehrlichman said that 
he thought if they "turned up in this crazy information -- junk -- even 
though we are not charged with a crime, in the ultimate sense," he could 
write the President a letter saying obviously he didn't want to impair 
the President's situation and was going to take leave. The President said 
he thought that was the course of action they should take "and let them put 
it out if they want to that way. And if they do and if you are named you can 
immediately say, 'I am confident that these charges will not stand up and 
that I . . . and so forth' -- and 'My usefulness, of course, will be seriously 
impaired and I therefore request a leave until the matter is cleared up.'" 
The President continued, "I think we can all agree on that without an indictment, 
I might put a P.S. on there and say, 'I am shocked with the procedure followed 
and when I am reinstated I am going to see to it that the Justice Department 



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7b. 2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. MEETING ■ 

-12- 



changes its procedures.'" Rogers said that, in effect. Dean would be 
doing them a greater disservice than a bonafide Grand Jury indictment, 
and the President agreed. Rogers said that based on what Petersen gave 
the President, he didn't think there was sufficient evidence. (pp. 39-42) 

Rogers said, "Now how in hell can you say, 'That is obstruction 
of justice to turn over all the evidence to the FBI?'" Rogers suggested 
that ?at Gray said he was told to "deep six" the documents, and the President 
said, "he was not told to do that." /^Emphasis in transcrip_t/ Ehrlichman said that on 
the business, of telling Hunt to leave the country, nobody in the meeting 
remembered anything like that. Dean had called Liddy and told him to have 
Hunt leave the country, and Colson recalled Dean's having mentioned it to 
him, not in Ehrlichman' s office, EThrlichman said. It was countermanded, 
and he didn't leave the country, Ehrlichman continued, "so I suspect Dean 
may have acted unilaterally on that." The President said, "Here he is 
trying to pass this up to Ehrlichman, too." Ehrlichman suggested that 
Dean had to have an explanation for why he did it. Ehrlichman said Liddy 
told Hunt that his principals said for Hunt to leave, and that Hunt said 
Liddy named Dean as his principal. The President said, "John Dean said, 'Oh 
no, it's Ehrlichman'?" Ehrlichman said, "Yeah. Get into one of these 'he 
said', 'I said' sort of thing, it's going to be miserable. But the 
probabilities against the surrounding circumstances at least as of now look good."(p.43-44) 

The President said, "The . . , three-fifty thing is the toughest 
thing, Bob, about this whole thing. Mainly, to me there's no question about it, 
just basically that they had knowledge that it was going to those defendants 
and so forth. They wanted it for that purpose. And the question is what you 



(1437) 



75.2 HOUSE JUDICIARY COmiTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. MEETING 

-13- 



thought it was. And then again they'll say they don't believe you. It'll 
get down to that." The President said that again they had a route to it, 
LaRue, who broke down and cried. (p. 45) 

Rogers left the meeting. After a discussion of Wilson, the President 
said, "Dean's credibility is totally destroyed, you know .... Sure, 
Dean was in charge of the investigation." The President said he made that 
point to Ron. "'You know Dean somehow has sold out the White House, the 
Administration, etc.'" Haldeman said that was a good statement and a good 
idea; "/T/t puts you exactly in the position that you should be in now." 
The President said, "We'll get kicked by the press on it." The President 
said he was always ready to give in on Ervin. As to why the President acted 
so late on this case, the President said the answer was that the charges were 
"just floating." just newspaper charges and so forth. Ehrlichman said. "They 
were all relying on Dean, frankly." Haldeman said that time was not of the 
essence in this case. "It wasn't a matter of where by moving quickly 
we would .top something. It was done. It was a matter now of doing it properly. 

Not quickly." (PP. 46-50) 

The president said, concerning a leaked story in the L.A. Times that 
said the White House was going to move. "That probably came directly from 
Dean. I think Dean did that." Haldeman quoted from the story and pointed 
out that it didn't say White House officials bore responsibility for Watergate. 
■■Your action now saying something substantial will develop, and then when 
the Mitchell bomb breaks, that's all going to fit together...." The President said, 
"Yeah. Yeah (unintelligible) about that - Tell us about that ransacking and 
(unintelligible). It's been about two years ago. It's about not letting 



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75.2 HOUSE JUDICIARY COmilTTEE STAFF SUt-IMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1972, 5:20-7:14 P.M. mETUlG 

-14- 



(unintelligible)." Haldeman replied, "He said it was 22,000. Was the 
difference in money material? Can a case be made out of that? Did he 
keep the money or was there something about that?" The President said, "He 
called the same day, too, didn't he?" Haldeman said that he called the 
next day, within twenty-four hours. (pp. 51-52) 

They discussed an ABC news story, and Haldeman said that the Post 
would hold up the next day and watch for something, they were playing the 
long game. The President then said, "I get your point, John. On the 
(unintelligible), I think we, I think we have sped the process up. This 
kind of stuff, this kind of stuff here would have had stories for three or 
four months." Haldeman agreed and said it was the best way compared to the 
Ervin process, "/i/t is essential to go this way." Haldeman said they had 
to face the possibility of indictments and those would have come anyway. 
"They wouldn't have let you get away with it." The President said, "Well, I 
think that would happen for instance with Ervin' s problem. They would be 
saying, 'We refer this to the Grand Jury.'" Haldeman replied, "They would have 
murdered us. Something would be out every minute. Demanding that you fire 
everybody. Demanding that you do this and that." Ehrlichman said, "Well 
as a matter of fact, you might have turned the set up some day and 
watched your White House counsel crap - for the glorious television. It 
would be at least surprising." (pp. 52-54) 

The President said, "Let's face it, up to this thing. Dean handled 
a lot of stuff well." Haldeman agreed. The President said he thought they 
had played the Dean thing fairly well; "I think what we ought to do - make 
our deal or not with Dean within a week." He said he didn't see how Dean 



(1439) 



75. 2 HOUSE JVDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 17, 1972, 5:20-7:14 P.M. MEETING 

-15- 



could possibly miss being involved in whatever they put out on Magruder, 

and that the way the guy talked he thought "all of you, all of you, everybody 

may get it." (p. 55) 

Ehrlichman said that he thought the President's statement that 
immunity should not be granted to any major officials would be read "as 
relating to Mitchell and three or four of that ilk as well." The President 
said, "Oh, sure." Haldeman said, "They may decide not to do this J' and the 
President said, "That's the point." The President said, "But I have told the 
big five, I told the Assistant Attorney General, specifically, that nobody 
should be granted immunity in any case." He said Rogers agreed with this. (pp. 55-56) 

The President said, "Dean is the only one who can sink Haldeman or 
Ehrlichman." Haldeman asked, "How am I going to explain that, after putting 
out a statement?" Ehrlichman said, "What do you say, 'Dean is some little 
clerk?' He's my Counsel." The President said he was involved in the Gray 
thing. "They are not going to throw the whole thing in there." The President 
said he was thinking whether to see Dean again and added "I don't think you can 
control him, he's fanatic." He told Haldeman and Ehrlichman to let him know 
if they felt it was useful. (pp. 57-58) 

Ehrlichman said that, based on the chain of circumstances, he thought 
Dean might be provoked to make a public statement "which is slanderious 
and hostile." The President suggested that both Ehrlichman and Haldeman, and 
Haldeman particularly, ought to get themselves a libel lawyer, "the most vicious 
libel lawyer there is." He suggested they "/^s/ue right down the line .... 
You may as well get at the libel thing and have yourself a little fun." (pp. 58-59) 

Haldeman recommended "/^o/peration procedure-wise" that they "maintain 



(1440) 



75 2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. MEETING 

-16- 



a facade of normal operations." The President agreed, "/u/nless and until 
something happens. Now the only exception here is Dean." The President 
said, "I want you to go forward and if this thing comes out which I can't believe, 
I want you to go forward at all costs to beat the damned rap. They'll have * 
one hell of a time proving it. Yours is a little tougher I think Bob, and it 
shouldn't be -- the 300." Haldeman told the President their lawyer said the 
law on obstruction of justice was "damn tough, loose." Ehrlichman said that he 
cited Glanzer as "the leading authority on it. He uses it like a bludgeon." 
(pp. 60-61) 

Ehrlichman said, "Well, as I said before. We beat the rap but we're 
damaged goods." The President responded, "Right, you can't go back in the 
government, but I will tell you one thing, you are not damaged goods as far 
as I am concerned. It's one hell of a thing. The point is that let's wait 
and see what happens before we see where we are." The President said that they 
ought to expect the worst, but that he would like both of them to consider 
50% of their time for editing and so on with the Foundation, which "is 
going to be a hell of a big thing." "If you are indicted and tried and found 
innocent," the President said, "it washes away." (pp. 63-64) 

The President said that he thought it was "terribly important 
that poor Kalmbach get through this thing." Haldeman said he thought he was 
alright. The President asked if Dean had called him about the money, and 
Haldeman said, "Yes, Sir." Ehrlichman said Dean told him that he told Kalmbach 
what it was for, but he didn't believe it. Ehrlichman said Kalmbach said he 
just followed instructions, that he just went ahead and did it and sent 
the money back. The President said, "You can corroborate then Herb on that 
one"; Ehrlichman replied, "I can if Dean is the accuser. I can." The President 



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75.2 HOUSE JVDICIMY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 17, 1973, 5:20-7:14 P.M. mETim 

-17- 



said, "If Dean is the accuser, you can say that he told you on such and 
such a date that he did not tell Herb Kalmbach what the money was for." 
EhrlLchman said, "That he has told me -- that he has told me --," and the 
President said, "That's right - that's right," (pp. 65-66) 

At the end of the meeting, Haldeman said the Foundation funding was 
one thing, but "there is a lot of intrigue too." He said, "I hope to get 
funding for the ability to clear my name and spend the rest of my life 
destroying what some people like Dean and Magruder have done to the President." 
(p. 66) 



(1442) 



76. In April 1973 former and present White House aides and CRP 
officials were interviewed by the prosecutors or called before the 
Watergate Grand Jury. These included E. Howard Hunt, Gordon Liddy, 
Jeb Magruder, Gordon Strachan, Richard Moore, Dwight Chapin, Herbert 
Kalmbach, James McCord, Fred LaRue, Herbert Porter, John Mitchell, 
Charles Colson and John Dean. 



Page 

76.1 Transcript of a telephone conversation between 
John Ehrlichman and Herbert Kalmbach, April 19, 
1973, SSC Exhibit No. 77, 5 SSC 2215-17 1444 

76.2 Transcript of a telephone conversation between 
John Ehrlichman and Charles Colson, April 17, 

1973, SSC Exhibit No. 109, 7 SSC 3010-11 1447 

76.3 United States v. Chapin indictment, November 

29, 1973 1A49 

76.4 United States v. Mitchell indictment, March 

1, 1974, 1, 20-21, 44-50 1A50 

76.5 Jeb Magruder testimony, 2 SSC 808 1460 

76.6 John Dean testimony, 3 SSC 1009 1461 

76.7 Richard Moore testimony, 5 SSC 2059 1462 

76.8 Fred LaRue testimony, 6 SSC 2298 1463 

76.9 In re Grand Jury , Misc. 47-73, docket, 

March 28, 30, April 3, 5, 1973 1464 

76.10 Herbert Porter testimony, 2 SSC 637 1A66 



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76. 1 TEANSCEIPT OF APRIL 19, 1972 EHRLICHmN/KALMBACH CONVERSATION, 



SSC EXHIBIT NO, 77, 5 SSC 2215-17 



2215 

Exhibit No. 77 

Conversation with. Herb Kalmbach — April 19, 1973, 4 :50 p.m. 

B Ehrlicliman 
Kalmbach. 
Hi, how are you? 

I'm pretty good. I'm scheduled for 2 tomorrow afternoon. 
Where — at the jury or the U..S. Attorney? 

At the jury and I'm scheduled at 5:30 this afternoon with Silver. 
Oh, are you? 

Yeah. I just wantetl to run through quickly several things, John, in line 
with our conversation. I got in here last night and there was a telephone 
call from O'Brien. I returned it, went over there today and he said the 
reason for the call is LaRue has told him to ask him to call me to say that 
he had to identify me in connection with this and he wanted me to know- 
that and so on. 

B Did he tell you about Dean? 

K Nope. 

E Well Dean has totally cooperated with the U.S. Attorney in the hopes of 
getting immunity. Xow what he says or how he says nobody seems to be able 
to devine but he 

K The whole enchilada? 

B He's throwing off on Bob and me heavily. 

K He is? 

B Yep. 

K He is. 

B And taking the position that he was a mere agent. Now on your episode he 
told me before he left, so to speak, he. Dean, told me that really my trans- 
action with him involving you was virtually my only area of liability in this 
thing and I said, well, .John, what in the world are you talking about? He 
said, well I came to yon from Mitchell and I said Mitchell needs money 
could we call Herb Kalmbach and ask him to raise some. And I said, and 
Dean says to me, and you said yes. And I said yep, that's right. And he said 
well that does it. And I said well that's hard for me to l>elieve. I don't under- 
stand the law but I don't think Herb entered into this with any guilty intent 
and I certain didn't and so I said I just find that hard to imagine. Xow 
since then I've retained counsel. 

K Oh, you have? 

E Very good and who agrees nith me that it is the remote.st kind of nonsense 
but the point that I think has to be clarified, that I'm going to clarify if I 
get a chance, is that the reason that Dean had to come to me and to Bob 
where you were concerned is that we had promised you that you would not 
be run pillar to post by Maurice Stans. 

K And also that you knew I was your friend and you knew I was the President's 
attorney 

E Sure 

K Xever do anything improper, illegal, unethical or whatever. 

B Right. 

K And 

E But the point is that rather than Mitchell calling you direct Mitchell knew 
darn well that von were no longer available. 

K Yep 

E N'ow this was post April 6. was it not ? 

IC Yep. April 7. 

E So that ^fitrhel and Stans both knew that there wasn't any "^oint in c.iUin.g 
yon direct because we had gotten you out of that on the pretext that you 
were going to do things for us. 

K Thnfs ricrht. 

E And so it was neopssnr.v for Dean to come to me and then in turn to Bob and 
plead a ver.r urgent case without really .getting into .inv snpcifics except to 
sa.v you had to trust ine. this is verv iinnortnnt. .nnd Mitchell is \ip bis trem- 
or, vou know. T menu is renllv worried; be didn't use that phra.se. but he is 
really exercised about this. .\nd T said well. .Tohn. if you tell me it's that 
important, why yes. 



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76.1 TRANSCRIPT OF APRIL 19, 1973 EHRLICHMAN/KALMBACH CONVERSATION, 
SSC EXHIBIT NO. 77, 5 SSC 2215-17 



2216 

K Yon know, when you and I talked and it was after John had Kiven me 
tliat word, and I came in to ask you, .John is tliis an a-ssi^nment I have to 
take on? You said, yes it is i>erio<l and move forward. Tlien that was all 
tliat I needed to l>e assured tliat I wasn't putting my family in jeopardy. 

K Sure. 

K And I would just understand that you and I are ali.solutely together on that. 

E No question al)out it, Herl), that I would never knowingly have put you in 
any kind of a spot. 

K Yeali. Well and when we talked you knew what I was aliout to do, you know, 
to go out and get tlie dough for tliis purpose; it was humanitarian. 

E It was a defen.se fund. 

K ... to sui>port tlie family. Xow the thing that was disquieting about this 
thing with O'Brien was that he said that there i.s a ma.ssive campaign 
evidently under way to indict all the lawyers including you. Herb, and I was 
a little sliocke<l and I gue.ss what I need to get from you, John, is assurance 
that this is not true. 

E AVell I don't know of any attempt to target you at all. Jfy hunch Is that 
tliey're trying to get at me, they're trying to corroliorate. See what they 
said to Dean is tliat he gets no consideration from them unless they can 
corrol>orate Haldeman and my liabilit.v. 

K God, if I can just make it plain that jt wa.s humanitarian and nothing else. 

E Yeah, and the i>oint that I undoul)tedly never expressed to you that I con- 
tinually operated on the l)asis of Dean's representations to me. 

K Yep. It was not improper. 

E Right. 

IC And tliere was nothing illegal about it. 

F. See, he's the house lawyer. 

K Yep, exactly and I just couldn't believe that you and Bob and the President 
just too good friends to ever put me in the position where I'd be putting my 
family on the line. 

K And it's just unbelieveable, unthinkable. Xow shall I just — I'll just if I'm 
asked by Silver I'll just lay it ont just exactly that way. 

K Yeah, I wouldn't liaul the President into it if you can help it. 

K Oh, no, I will not. 

K But I think the point that which I will make in the future if I'm given the 
chance that you were not under our control in any sort of a slavery sense 
but that we had agreed that you would not be at the beck and call of the 
committee. 

K .\nd, of course, too, that I act only on orders and, you know, on direction 
and if this is something that you felt sufficiently important and that you 
were assured it was altogether proper, then I would take it on because I 
always do it and always have. And you and Bob and the I'resident know that. 

E Yeah, well, as far as propriety is concerned I think we both were relying en- 
tirely on Dean. 

K Yep. 

E I made no independent judgment. 

K Y'ep. Yep. 

E .\nd I'm sure Bob didn't either. 

K Xoi>e and I'm just, I just have the feeling, John, that I don't know if this Is 
a weak reed, is it? 

E Wlw. Dean? 

K Xo, I mean are they still going to say well Herb you should hare known. 

E I don't know how you could've. You didn't make any inquiries. 

K Xever. And the only inquiries I made, John, was to you after I talked to 
John Dean. 

E .\nd you found that I didn't know just a whole helluva lot. 

K You said this is something I have to do and 

E Yeah, and the reason that I said that, as you know, was not from any personal 
inquiry but was on the iKisis of what had been rei>resented to me. 

K Yeah, and then on — to provide the defense fund and to take care of the 
families of these fellas who were then 

E Indigent 

K Not then been found guilty or not giiilty 



(1445) 

35-904 O - 74 - pi. 3 — 24 



76.1 TRANSCRIPT OF APRIL 19, 2973 EHRLICHMAN/MLMBACH CONVERSATION, 
SSC EXHIBIT NO. 77, 5 SSC 2215-17 



2217 

E And the point being here witliont attempting to induce them to do a damn 

K Absolutely not and that was never, tliat was exactly right 
E OK. 

K Xow, can I get into see you tomorrow before I go in tliere at •'■' 
E If you want to. They'll ask Tou. 

K Will they? 

E Yep. 

K Well, maybe I shouldn't. 

E They'll ask you to whom you've spoken about your testimonv and I would 
appreciate it if you would say you've talked to me in California becau'^e at 
that time I was investigating this thing for the President. 
K And not now? 
E Well, I wouldn't ask you to lie. 

K N'o, I know. 

E But the point is 

K But the testimony was in California 

E The point is. Well, no your recollection of facts and so forth. 

K Yes, I agree. 

E See, I don't think we were ever seen together out there but at some point 
I m going to have to say that I talked to O'Brien and Dean and Magruder 
and Mitchell and you and a whole lot of people about this case 

K Yeah 

B And so It would be consistent. 

K Do you feel, John, that calling it straight shot here, do von feel assured a.s 
you did when we were out there that there's no culpabilitv'here'' 

E Yes. 

K And nothing to worry about? 

E And Herb from everything I hear they're not after you. 

K Y'es, sir. 

E From everything I hear 

K Barbara, you know 

E They're out to get me and they're out to get Bob. 

K My god. Alright, well, John, it'll be absolutely clear that there was nothing 
looking towards any cover-up or anything. It was stricflv for the humani- 
tarian and I just want, when I talked to you I just want" vou to advise me 
that it was alright on that basis. 

E On that basis. 

Iv To go forward 

E That it was necessary 

K And that'll be precise! V the way it is. 

E Yeah, OK. 

Thanks, Herb. Bye 

O 



(1446) 



76,2 TRANSCRIPT OF APRIL 17, 19 7 Z EERLICUmN/COLSON CONVERSATION, 
SSC EXHIBIT NO. 109, 7 SSC 3010-11 

3010 

Exhibit No. 109 

Conversation with Chuck Colson, April 17, 1973. 

C. Oolson. 

H. Holly Holm (Colson's secretary). 

B. Ehrlichman. 

B. HeUo. 

H. Hello, Mr. Colson's office. 

E. Yes, this rs John Ehrlichman. 

H. Hi, Mr. Ehrlichman. 

B. Mr. Colson in? 

H. Yes, just a minute please. 

C. HeUo. 
E. Hi. 

C. Hi, John. I'll be over about 11 if that's convenient 

E. Fine, that's very good. 

C. Two quick questions, though. One thing I should tell you is that our great 
find last night really started accelerating. Something coming out this morn- 
ing. Dean involved. Now I notice the LA Times has it this morning but 
the people that Shapiro has been getting information from, you know, the 
town is buzzing with, is alive with the story, so I don't think we have a 
helluva lot of time. 

E. All right. 

C. I just thought I'd let you know that. 

E. I appreciate it 

C. Did he, when he went over there, was he given any immnnlty? 

B. Not yet. 

What they've done, apparently. 

C. They shouldn't give it to him. 

B. I know it.. What they said to him is that unless he turns up corroborated 
evidence against Haldeman and me. 

C. Is that who he's trying to make? 
B Sure. 

C. Who, Dean is? 
E. Yep. 

That's John Mitchell again. Son of a bitch. 

Unless he does that he doesn't get immunity. Now my grapevine tells me that 

you are going to be summoned over there today. 
1^ Oh, really? ^ .,• ^ 

E Yep. And that they're going to ask you about a meeting in my office which 

Dean has highlighted as the central gemstone in the case against me and 

so ju.st in case you get hauled over there before 11 o'clock, maybe I'd better 

tell you about it. It was a meeting that Kehrli, Clawson, you. Dean and 

I had here. 
C. I wasn't there. 

E. In my office. „ . , . _ , _ . , .. „ 

C I was not there. Dean tried this one out on me Friday night, and I said the 

only thing I can ever recall, John, is I once told you I thought it was a 

stupid, god-damn thing for Hunt to be unavailable. 
E. Well, that's the meeting where supposedly I ordered him to tell Hunt to 

leave the country. 
C. Never heard that. And I will SO state under oath. 
E. Or that I admonished everyone that we ought to figure out some way to 

deepsix the contents of Hunt's safe. , . ,. •^. 

C. No. No way. I was the one who said go get Hunt's safe and be sure it s 

preserved for the FBI. 
E. Right. 



E. 



(1447) 



76.2 TRANSCRIPT OF APRIL 17, 1973 EHRLICHMAN/COLSON CONVERSATION, 
SSC EXHIBIT NO. 109, 7 SSC 3010-11 ^ 



3011 

O. A. and B it's stupid to get another country. But that was in my oflBce, not 

yours. And you weren't present. 

C. I can handle that one easily. 

a But you were not in a meeting here? 

C. Well, I may have been but I sure don't remember that. 

B. That's the way. OK. 

C. All right? lean handle that. 

B. Thank you, I'll see you at 11. 

C. There's a couple of things you and I need to do to protect each other's flank 
here but we'll talk about that, but no. I'm serious. 

E. Fair enough. 

C. Let's get it clearly understood that son of a bitch doesn't get immnni ty. 

I want to nail him. 

E. Well I'm doing my best. 

C. No, I want to nail him. I'll take Immanity first. 

E. OK. 

C. All right? 

E. All right. 

C. Thanks. 



(1448) 



iiilil ii; l-:': ■; iO[..:i 



7f;.Z UNITED 



f^TiTFS V. CHAPTN rmiCTMENT , mVF.mER 29. 1973 N V 2 9 1373 

JAMES. F. Uh\lt(. Clerk 



UNITED STATES -DISTRICT COURT 
FOR THE DISTRICT OF C0LUI4BIA 



UNITED STATES OF AMERICA 

V. 

DWIGHT L. CHAPIN, 

Defendant. 



990" 



Criminal No. 

Violation of 

18 U.S.C. § 1623 

(False Declarations) 



INDICTMENT 



COUNT ONE 



The Grand Jury charges: 

1. On or about April 11, 1973, in the District of 



Columbia, DWIGHT L. CHAPIN, the defendant, having duly taken 
an oath that he would testify truthfully, and while testifying 
xn a proceeaing oerore tne June, ly/^ Grand Jury, a Grand Jury 
of the United States, duly empanelled and sworn in the United 
States District Court for the District of Columbia, did know- 
ingly make false material declarations as hereinafter set forth. 
""^~ 2. At the time and place alleged, the June, 1972 Grand 
Jury of the United States District Court for the District of 
Columbia was conducting an investigation in conjunction with 
the United States Attorney's Office for the District of Columbia 
and the Federal Bureau of Investigation to determine whether 
violations of Title 18, United States Code, sections 371, 612, 
2511, and 22 D.C. Code 1801 (b) and other statutt : of the 
United States and of the District of Coluir±>ia had been coirxnitted 



}lc..,^(S 



(1449) 



76.4 miTED STATES v. tiTTCHELL INDICTMENT, MARCH 1, 1974, 1, 20-21, 44-50 



riLLD \n o?i;; cQj" 

MAR 1 - 1374 
JAMlo F. L'rtVZy, Clc-rk 



UNITED STATCS DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 



UNITED STATES OF 


A2'1ERICA 






V. 






JOHN N. MITCHELL, HARRY R. ) 
HALDEMAN, JOHN D. EHRLICfiMAN, ) 
CHARLES V;. COLSON, ROBERT C. ) 
RARDIAM, KENNETH VJ, PARKINSON, ) 
and GORDOM STRACHAN, ) 






Def endan 


ts. ) 
) 

) 



Criminal No. 



74-- 



im 



violation of 18 U.S.C. 
§§ 371, 1001, 1503, 1521, 
and 1523 (conspiracy, 
false staterp.ents to a 
government agency, ob- 
struction of justice, 
perjury and false 
declarations. ) 



INDICTMENT 






v^ 



The Grand Jury charges: 

Introduction 






^^y. cv.,,, 



1. On or about June 17, 1972, Bernard L. Barker, 
Virgilio R. Gonzalez, Eugenio R. Martinez, James W. McCord, 
Jr. and Frank L. Sturgis were arrested in the offices of 
the Democratic National Corainittee, located in the Water- 
gate office building, Washington, D. C. , while attempting 
to photograph documents and repair a surreptitious elec- 
tronic listening device which had previously been placed 

in those offices unlawfully. 

2. At all times material herein, the United 
States Attorney's Office for the District of Columbia and 
the Federal Bureau of Investigation v;cre parts of the De- 
partment of Justice, a department and agency of the United 
States, and the Central Intelligence Agency v.-as an agency 
of the United States. 

3. Beginning on or about June 17, 19 72, and con- 
tinuing up to and including tl'.c date of the filing of this 



(1450) 



76.4 UNITED STATES v. MITCHELL INDICTMENT, MARCH 1, 1974, 1, 20-21, 44-SO 
- 20 - 



Li. X 

Lr 



COUNT FIVE 

The Grand Jury further charges: 

1. On or about April 20, 1973, in the District 

of Columbia, JOHN N. MITCHELL, the DEFENDANT, having duly 
taken an oath that he would testify truthfully, and while 
testifying in a proceeding before the June, 1972 Grand 
Jury, a Grand Jury of the United States, duly empanelled 
and sworn in the United States District Court for the Dis- 
trict of Columbia, did knowingly make false material declara- 
tions as hereinafter set forth. 

2. At the time and place alleged, the June, 1972 
Grand Jury of the United States District Court for the Dis- 
trict of Columbia was conducting an investigation in con- 
junction with the United States Attorney's Office for the 
District of Columbia and the Federal Bureau of Investi- 
gation to determine whether violations of Title 18, United 
States Code, Sections 371, 2511, and 22 D.C. Code 1801(b), 
and of other statutes of the United States and of the 
District of Columbia had been committed in the District 

of Columbia and elsewhere, and to identify the individual 
or individuals who had committed, caused the commission 
of, and conspired to commit such violations. 

3. It was material to the said investigation 

that the said Grand Jury ascertain the identity and motives 
of the individual or individuals who were responsible for, 
participated in, and had knowledge of efforts to conceal, 
and to cause to be concealed information relating to 
unlawful entries into, and electronic surveillance of, 
the offices of the Democratic National Committee located 
in the Watergate office building in Washington, D. C, 
and related activities. 



(1451) 



76.4 UNITED STATES V. MITCRELLL INDICTMENT, MARCH 1, 1974, 1, 20-21, 44-50 



21 



4. At the time and place alleged, JOHN M. 

MITCHELL, the DEFENDANT, appearing as a witness under 

oath at a proceeding before the said Grand Jury, did 

knowingly declare with respect to the material matters 

alleged in paragraph 3 as follows: 

Q. Did Mr. LaRue tell you that Mr. Liddy 
had confessed to him? 

A. No, I don't recall that, no. 

Q. Did Mr. Mardian tell you that he'd con- 
fessed to him? 

A. No. 

Q. Do you deny that? 

A. Pardon me? 

Q. Do you deny that? 

A. I have no recollection of that. 

* * * 

Q. So Mr. Mardian did not report to you that 
Mr. Liddy had confessed to him? 

A. Not to my recollection, Mr. Glanzer. 

Q. That would be something that you would re- 
member, if it happened, wouldn't you? 

A. yes, I would. 

* * * 

Q. I didn't ask you that. I asked you were you 
told by either Mr. Mardian or Mr. LaRue or anybody 
else, at the Committee, prior to June 28th, 1972, 
that Mr. Liddy had told them that he was involved 
in the Watergate break-in? 

A. I have no such recollection. 

5. The underscored portions of the declarations 
quoted in paragraph 4, made by JOHN N. MITCHELL, the DEFENDANT 
were material to the said investigation and, as he then ana 
there well knew, were false. 

(Title 18, United States Code, Section 1623.) 



(1452) 



76,4 miTED STATES v. MITCHELL INDICTMENT, MARSH 1, 1974, 1, 20-21, 44-50 



I Coluii 



44 



CQIJMT THIRTEEN 

The Grand J\iry further charges: ' 

1. On or about April 11, 1973, in the District of 
Columbia, GORDON STRACtiAN, the DF.FZMDAriT, having duly take.- 

an oath that he would testify truthfully, and while testifying 
in a proceeding before the June, 1972 Grand Jury, a Grand Jury 
of the United States, duly empanelled and sworn in the United 
States District Court for the District of Columbia, did know- 
ingly majce false tiatsrial declarations as hereinafter set 
forth. 

2. At the time and place alleged, the June, 1972 
Grand Jury of the United States District Court for the Dis- 
trict of ColuEbia was conducting an investigation in con- 
junction with the United States Attorney's Office for the 
District of Columbia and the Federal Bureau of Investigation 
to determine whether violations of Title 18, United States 
Code, Sections 371, 2511, and 22 D.C. Code 1801(b), and of 
other statutes of the United States and of the District of 
Columbia had been committed in the District of Columbia and 
elsev;here, and to identify the individual or individuals 
who had committed, caused the coramission of, and conspired 
to commit such violations. 

3. It was material to the said investigation that 
the said Grand Jury ascertain the identity and motives 

of the individual or individuals who were responsible for, 
participated in, and had knowledge of efforts to conceal, and 
to causa to be concealed, information relating to unlawful 
entries into, and electronic surveillance of, the offices on 
the Democratic National Committer located in the Watergate 
office building in Washington, D.C, and related activities. 



(1453) 



7e.4 UNITED STATES v. MITCHELL imiCTMEflT, MARCH 1, 1974, 1, 20-21, 44-SO 



- 45 - 

I 

I 4 . At the time and place alleged, GORDOM 

I STRACHAN, the DEFENDANT, appearing as a v/itness under 

oath at a proceeding before the said Grand Jury, did 

knowingly declare with respect to the material matters 

alleged in paragraph 3 as follows: 

Q. Did you, yourself, ever receive any 
money from the Committee for the Re-election 
of the President, or from the finance committee 
to re-elect the President? 

A. Yes, sir, I did. 

Q. Can you tell the ladies and gentlemen 
of -the Grand Jury about that? 

A. Yes, sir. On April 6, 1972, I received 
$350,000 in cash. 

* * * 

Q. From whom? 

A. From Hugh Sloan. 

* * * 

Q. What was done with the money after you 
received it fron Mr. Sloan on April 6th? 

A. I put it in the safe. 

Q. Was the money ever used? 

A. Pardon? 

Q. Was the money ever used? 

A. No, the money was not used. 

Q. To your knowledge, was it ever taken out 
of the safe? 

A . No . 

Q. To your knowledge, is it still there? 

A. No, it is not. 

Q. VJhere is it? 

A. I returned it to the committee, at t!r. 
Haldeman's direction, at the end of Novenber. 



(1454) 



76 A VniTED STATES V. MITCHELL INDICTMENT, MARCH 1, 1974, 1, 20-21, 44-50 



46 - 



Q. November of '72? 



A. 



Yes, '72, or early December. 



Q. To whom did you return it? 
A. To Fred LaRue . 

Q. Where did that transfer take place? 
A. I gave it to Mr. LaRue in his apartment. 
* * * 

Q. That was eit.her late November or early 
December? 

A. That's correct. 

O Well, let me ask you this: Why would it 
have been given to Mr. LaRus at his apartment as 
SjLelto^being given to the Committee? 

A well, Mr. LaRue is a member of the Committee 
and he just asked me to bring it by on my way home 
from work. 

O After Mr. Haldem.an told you to return the 
mone?: whit did you do? Did you contact someone 
to arrange for the delivery? 

A. Ves, I contacted Mr. LaRue. 
Q. That was at Mr. Haldeman's suggestion or 
direction? 

A. No. 

Q. Why is it that you would have called Mr. 
LaRue? 

A I don't think Stans was in the country 
at that time. He was not available. 

Q. ;^at position did Mr. LaRue occupy that 
would have made you call him? 

A. He was the senior campaign official. 
Q. That's the only reason you called him? 
n . 'T'h at' s correct. 
Q. Mo one suggested you call hip.? 

A. MO- 



(1455) 



76.4 miTED STATES v. MITCHELL INDICTMENT, MARCH 1, 1974, 1, 20-21, 44-50 



- til 



Q. Was anyone present in Mr. LaHue's apart- 
ment at the hotel when you delivered the money 
to him? 

A . No . 

Q. Did you ever tell anyone to whom you had 
given the money? Did you report back to either 
Mr. Haldeman or anyone else that you had delivered 
the money and to whom you had delivered the money? 

A. I don't think so. I could have mentioned 
that I had done it. H^/hen I received an order, 1 
did it. 

Q. Did you get a receipt for the money? 

A. No, I did not. 

Q. Did you ask for it? 

A. No, I did not. 

A JUROR: Why? 

THE WITNESS: I did not give a receipt when I 
received the money, so I didn't ask for one when I 
gave it back. 



^A JUROR: Did someone count the money when it 
came in and when it went out, so they knew there 
were no deductions made from that $350,000? 

THE WITNESS: Yes, I counted the money when I 
received it, and I counted it when I gave it back. 

A JUROR: You solely counted it; no one else 
was with you? 

THE WITNESS: I counted it when I received it 
alone, and I counted it in front of Mr. LaRue when 
I gave it back. 

A JUROR: You had that money in the White House 
for seven months and 'did nothing with it? 

THE WITNESS: That's correct. 



So who told you to give i t to Mr. LaRue? 

I decided to give it to Mr. LaRue. 

On your own initiative? 

That's correct. 

Who do you report to? 

Mr. Kali.iemaa. 



(1456) 



?6.4 UNITED STATES V. MITCHELL INDICTMENT, MARCH 1, 1974, 1, 20-21, 44-50 



48 



Q. Did you report back to Mr. Hdldeman 
that you gave it to Mr. La.lue? 

A. No, I did not. 

Q. You just kept this all to yourself? 

A He was a senior official at the canpaign. 
I gave it back to him. He said ha would account 
for it, and that V7as it. 

Q. Who told you to go to Mr. LaRue and give 
him the money? 

A. I decided that myself. 

Q. Do you have a memo in your file relating 
to this incident? 

A. No, I do not. 

Q. Did you discuss this incident with any- 
body afterwards? 

A. Yes, I told Mr. Haldeman afterwards that 
I had given the money to Mr. LaRue. 

Q. What did he say to you? 

A. Fine. He was a senior campaign official. 

Q. What time of day was it that you gave it 
to Mr. LaRue? 

A. In the evening, after work. 

Q. Does the finance committee or the Committee 
to Re-elect the President conduct its business in 
Mr. LaRue 's apartment? 

A No. It was a matter of courtesy. He's 
a senior official. He asked me to drop it by 
after work. 



THE FOREJ'UU^: Do you have any idea why Mr. 
LaRue asked you to return this money to his apart- 
ment, where actually you could just walk across 
17th Street? 

THE V;iTNESS : No, I do not. 

THE FOREMAN: And you could have had the pro- 
.^ Lien of the Secret Service guards with all that 
money, if you were afraid someone might snatch it 
from you. 



(1457) 



' 76.4 UNITED STATES v. MITCBELL INDICTMENT, MARCH 1, 1974. 1, 20-27, 44-50 

- 49 - 



THE WITNESS: I Wouldn't ask for the 
Secret Service guards protection. 

A JUROR: Why not? 

THE WITNESS: They protect only the President 
and his family. 

THE FORE?'U\N: Or the White House guards, who- 
ever. I mean, I find it somewhat dangerous for 
a person to be carrying this am.ount of money 
in V7ashington, in the evening, and you accom- 
panied by your brother, when it would have been 
much easier and handier just to walk across 
17th Street. 

THE WITNESS: I agree, and I was nervous doing 
it, but I did it. 



THE FOREMJ\N- I'm still puzzled. You get the 
money frcr: the treasurer or whatever Mr. Sloan's 
position was in the Committee — shall we say on 
an official basis, between the disburser and you 
as the receiver, and the money sits in the safe 
for seven months; then Mr. Haldeman decides it 
has to go back to the Committee. You call Mr. 
LaRue — you don't call Mr. Sloan and say "Hugh, 
seven months ago you gave me this $350,000 and 
we haven't used any of it; I'd like to give it 
back to you since I got it from you" , but you call 
Mr. LaRue. 

THE WITNESS: Mr. Sloan was no longer with 
the Committee at that time. 

THE FOREMAN: Well, whoever took Mr. Sloan's 
place. 

THE WITNESS: Mr. Barrett took Mr. Sloan's 
place. 

THE FOREMAN: Why didn't you call him? 

THE WITNESS: I honestly don't know. 



Q. Whan you got to Mr. LaRue 's apartment 
was he expecting you? 

A. Yes. I said I would be by. 

Q. And no one was present v/hen you were there: 

A. No, sir. 



(1458) 



76.4 UNITED STATES V. MITCHELL INDICTMENT, MASCH 1. 1974. 1. 20-21 , 44-&0 



iO - 



Q. V.'as the money counted? 
A. Yes, sir, I counted it. 



A JUROP-: It rriust have taken a long tirr-.e 
to count that money. 

THE WITNESS: It did. It took about 45 
minutes. it takes a long time to count it. 



Q Kov/ did you carry -this-r.oney? 

A. . In a briefcase. 

Q. Did you take the briefcase back, or did 
you leave it? 

A. No, I left the briefcase. 

Q. Vfhose brief casG was it? 

A. Gee, I think it was mine. I'm honestly 
not sure . 

Q. Did you.- ever get the briefcase back? 

A. I don't think so. 

Q. .Have you spoken to Mr. LaRue since that 
day? 

A. No -- well, I ran into hiin at a party 
two weeks ago. 

Q. Did you have a discussion? 

A. No, just talked to him. 



5. The underscored portions of the declarations 
quoted in paragraph 4, mads by GORDON STRACHAN, the DEFEHD.^i^T, 
v.'ere material to the said ir.vestigaticn and, as he then and 
there v;ell knew, were false. 

(Title. 13, united States Code, Section 1623.) 



LCC;: J.V.VOI-'CI'.I Fot-or.>.2u 

Special I'ro^ecutor 
Vial.irgaLc; Sp.?c.i..i .1 Prosecution 
Porcc 



(1459) 



76.5 JEB MAGRUDER TESTIMONY, JUNE 14, 197 Z, 2 SSC 808 



808 

Mr. Dash. And Mr. Hakleman knew that tlien, did he not ? 

Mr. Magruder. I cannot recall in my meeting with him in January 
whether — yes, I am sure I did discuss those m.eetings, yes. 

Mr. Dash. So the attempt to get together and agree on that meet- 
ing was an attempt to get together and agree on at least from your 
point of view, would be the full story? 

Mr. ilAGRUDER. That is correct, Mr. Haldeman recommended that 
Mr. Dean and ]Mr. Mitchell and I meet, which we did that afternoon. 

Mr. Dash. "What was the result of that meeting? 

Mr. Magruder. I realize that ]Mr. Dean had different opinions then 
as to what he would do probably, and so then my — I thought that 
probably it was more appropriate that even on that ^Monday that I 
get separate counsel so that I could get advice independent of the 
individuals who had participated with me in these activities. 

Mr. Dash. In other words, you really could not agree at the meet- 
ing with Mr. Mitchell and ^Ir. Dean. 

ilr. ilAGRTJDER. Well, it was cooperative. 

Mr. Dash. What was Mr. Dean's position? 

Mr. Magruder. He would not indicate a position. 

Mr. Dash. All right. Did there come a time when you did get 
independent counsel? 

Mr. Magruder. Yes, IMr. Parkinson, who was counsel of the com- 
mittee, recommended Mr. Bierbower and on that Saturday I went 
to meet him, he was out of the country, and I met him and we agreed, 
he agreed to be my counsel that Saturday evening. 

Mr. Dask. Did there come a time when you decided that you should 
go to the U.S. attorney's office ? 

^Ir. Magruder. Yes, that is correct. 
Ir. Dash. When did you go to the U.S. attorney's oflSce ? 

Mr. Magruder. We agreed, they discussed the things with the U.S. 
attorney, I think on April 12 and I saw them informally on April 13 
^ saw them formally on April 14 on Saturday, April 14. 
Ir. Dash. At that time did you tell everything to the assistant U.S. 
attorneys ? 

Mr. jNIagruder. Yes, I cooperated. 

Mr. Dash. Who did you meet with ? 

Mr. Magruder. Mr. Silbert, Mr. Glanzer, and Mr. Campbell. 

Mr. Dash. Did you tell them everything you are now telling this 
committee? 

Mr. Magruder. Yes. 

Mr. Dash. Did you have a meeting afterward with ilr. Ehrlichnian ? 

Air. Magruder. Yes, Mr. Ehrlichnian called while I was with the 
U.S. attorneys and asked me would I come over and talk to him about 
the case. We talked to the U.S. attorneys and they agreed as a courtesy 
that we should and ]Mr. Bierbower and the other attorney with Mi-. 
Bierbower and I went to see Mr. Ehrlichnian that afternoon. 

Mr. Dash. Tlien, according to tliat meeting that you had with Mr. 
Ehilicliiiian, wliat happened? 

Mr. MAGiaoKH. We told him in rather capsule foiin basically wliat I 
told vou this morning. 

Mi. DASft. All right. 

Now, I liavo just two final questions. T want to go back to the time 
wlieti you came back from California to Washington, putting you back 

(1460) 



ft" V 

r-4' 

I M 

attc 
r and 



76.6 JOHN DEAN TESTIMONY, JUNE 25, 1973, 3 SSC 1009 

1009 

I liad been in continuous contact since March 25 with my attorney, 
Tom Hogan regarding whom he felt was the best available man in 
the cnmma law field that I might discuss this entire matter with 
We had talked on several occasions about Charles Shaffer, whom I 
had met several jeare ago and regarded highly as a criminal lawyer. 

On March -28 and 29, however, I made several other calls to friends 
to ask them for suggested names of knowledgeable criminal lawyer, 
but decided on March 30 that I would retain Mr. Shaffer if he were 
available Mr. Hogan informed me that he was and we arranc^ed to 
meet with hira. '= 

The President, along with Haldeman and Ehrlichman, were <-oin- 
to be m California for a week or more in connection with the Presi" 
uent s meeting wif h President Thieu of South Vietnam and I felt that 
this would 2ive me an opportunity to decide how best I could come 
forward and end this matter. I had decided that I was going to inform 
the prosecutors of what the case was all about but before J did so 
1 felt that I should consult with counsel to determine the scope of 
my own problems. ^ 

f.f,7v^ ^^^ ^ ^.?"? t'"'"" ^^^"^ everything that I could remember 
Mr Sff" a"^ ^a""^ ^ ""^^ unwilling to continue in the coverup. 
Mr. -Shaffer advised me to avoid further conversations re<^ardin<^ this 
siibject and said that he would like to talk with me again°on Monday 
morning prior to his seeing the prosecutors 
Accordingly, we met again on Monday morning, April 2, and dis- 

wenf l^th "r *'' ^'' ''7'''^ ^""^^ "^°^- Th'-^t afternoon, my attorneys 
went to the Government prosecutors and told them that I was willmg 
to come forward with'-everything I knew about the case 

nvfvuZ. .ZTJ \^'t '^""frf^t^fl ^ith the problems of executive 
prn liege, attorney-client privilege, and national security. Thus it 
^"'l.?- T- ^},'^r>Toh]ems ^ere resolved that I would exclude 
matter._ involving the President from these conversations. 1 was also 
uncertain of many of the dates and details of the facts that I had 
general knowledge of so 'I began reconstructing a chronologv of events 

mor7lp,r''''"/™^'''^i' ^ ""•"' "^^" ^^ P™^'^^^ "^«^ information", 
n,??V^ •, V more explanations of the interrelationships within 

Cdie mite House and the relationships of persons who were involved 
During the period of April 2 ,,ntil April 1.5. the meetings I had 
wi h the prosecutors were initially focusing on the activities which 
had led im to the June Ir break- m at the Democratic National Com- 
mit ee and all the knowledge I had regarding the events before Jime 
1.. hut as our discussions evolved and I began telling them more and 
more of the covenip, their interest began to focus more and more in 
tnat area. 

As I be-an explaining what I kmew. it was evident that the prose- 
cutoi-s had no conception of how extensive the covenip was so I tried 
o provide them with all the details that I could remember. Vlso as 
the conversaHnns regarding the covenip lioiran to get into more and 
more spocitics. we mo\ed into areas that came closer and closer to the 
i .vsi.lonr. but prior to April 1.5 I did not discuss any of the areas of 
I i-esidential involvement. 



(1461) 

• pt. 3 -- 25 



76. 7 RICHAHD MOORE TESTIMONY, JULY 1^, 197Z, 5 SSC 2059 



2059 

Mr. Lexzxer. Well, the interview, the typed interview indicates it 
was on June 7. 

JNIr. Miller. I have in my diary, I have witnesses in my office that 
that meeting occurred in my office the 8th day of June, if your staff 
memorandum is incorrect, so be it. 
Mr. Le.vzxer. Well, the point, the only question I am asking now, 

Mr. Moore 

ilr. MooRE. Before you do, I iiave here the 10 references in tlie rec- 
ord where you gave the wrong date, and I would like to offer it with 
the request that it be corrected and — if one wants tlieni. Howexer. of 
course, it is my theoiy that, of the fact Mr. Lenzner. of failing to 
remember a bare date without some connection and reference is some- 
thing that can happen to anybody, and I welcome them to the club. 
It obviously does not affect the substance of what happened at the 
meeting. 

Mr. Lexzxer. I understand that. 

Mr. ]MooRE. I am not trying, you know, to press that but it is just a 
reminder that a day by "itself does not always connote something 
to someone. 

Mr. Lexzxer. Well, my point now, Mr. ^Nloore. is that we did go 
over the dates in 1972 that I inquired about, and I also undei-stand 
you went over those dates at the U.S. attorney's office with someone in 
May 1973, is that correct? 

Mr. Moore. Well, now, let's see. 

Mr. Lexzxer. Did you have an interview 

Mr. Miller. Mr. Lenzner 

Mr. Lexzxer. Let me repeat the question, did you have an interview 
with the U.S. attorney's office in May of this year? 
Mr. Moore. Well, just a moment. No, no. 
Mr. Lexzxer. When was that interview ? 
__ Mr. SIooRE. April 30. 

Mr. Lexzxer. Did vou go over some of these dates at that time? 
Mr. Miller. Mr. Chairman, I woidd like to address an inquiry to 
the chairman. 

ilr. Lexzxer. Jlr. Chairman, yh: Miller has a question. 
Mr. Miller. Mr. Chairman, just a question tluit I would raise. Mr. 
Lenzner has indicated that he is going to commence to interrogate 
Mr. jNEoore about interviews that he has had in the U.S. attorney's of- 
fice. Of course. Mr. Moore has been there in April, he tesHfied or can 
testify he gave a full and complete interview to tlie U.S. attorney's 
office." On Wednesday of last week he si)ent most of tlie day with the 
special prosecutor and membei-s of his office. 

Xow, I am perfectly willing, if the conuuittee desires, that you inter- 
rogate this man concerning what subject matter the U.S. attorney's 
office and the special prosecutor went into with respect to what his 
knowledge was. I query, ifr. Chairman, whether at this stage of the 
game tiiat this is something that should be considered by the commit- 
tee; if I weie a |)rosociuor myself T think T would have some reluctance 
to have individtials within." before my office, then appear before tlie 
committee aiul be interrogated about wliat tliev were asked. .Vs I say, 
it is up to the Chair. 

Senator Ervix. Well. I would say that the general rule is that a 
witness mav be asked what he has stated to any other person for the 



(1462) 



76.8 FRED LaRUE TESTIMONY. JULY 18, 2973, 6 SSC 2298 

2298 

Mr. Dash. Did you use your own jud^^ent? 

.^^^'''r"'-^''^--^, ^°^^ ^^^- ^^^" ^ '^°"'f^ not <io t'»'S, would not make 
the delivery without somebody else's OK. 

Mr. Dash. What did you do, Mr. LaEue? 

Mr. LaRue. Mr. Dean suggested I call Mr. Mitchell. 

Mr. Dash. Did you ? 

Mr. LaRue. Yes, sir. 

^^' P'^l,"' ^^'^*^ discussion did you have with Mr. Mitchell? 
f i^TaV Ar-Y^C ^,'!i^''"f/'^^y telephone conversation with Mr. Dean, 
told Mr. Mitchell that Mr. Dean no longer was willing or was no longer 
in the money business. I asked Mr. Mitchell whether I should make this 
aelivery ornot. 

Mr. Dash. "VYliat did he say? 
. Mr. LaRue. He asked me the purpose of it. I told him my understand- 
mg was that it was for attorney's fees. He told me he felt I ought to 
pay it. ^ 

Mr Dash. When you told him you understood it was attorneys' fees 

^"^u^l^ f*" ^'"' ^^""^ ^^ ^""^ attorneys for the particular defendants 
m the Watergate case ? 

^J^^- LaRtte. Mr. Dash, I can't recall that. I was just assuming, I 

^^ ' ^^^^^ attorneys' fees for the Watergate defendants, 
^.u^^il 1 ^^" ^^, ^°"^ discussion, you made an assumption, certainly, 
that he knew what you were talking about and whose attorneys' fees 
were involved? 

Mr. LaRtie. Yes, sir. 

Mr. Dash. And he said you ought to go ahead and pay it « 

Mr. LaRue. Yes, sir. 

Mr. Dash. And did you ? 

Mr. LaRtje. Yes, sir. 

Mr. Dash. And you followed the same method ? 

Mr. LaRtje. Same method. 

Mr. Dash. That was a bigger packet, though, was it not? 

Mr. LaRue. You would be surprised, Mr. Dash, how many $100 bills 
you can get in a small package. 

Mr. Dash. Good things come in small packages. 

Now, when did you go to the U.S. attorney, Mr. LaRue ? 

By the way, prior to that $75,000 payment to Mr. Bittman, was not 
this ]ast shortly before Mr. Hunt was sentenced on March 23? 
Mr. LaRue. I think that is correct, yes, sir. 

Mr. Dash. Now, there came a time when you did go to the U.S. attor- 
ney, is that not true ? 

Mr. LaRue. Yes, sir. 

Mr. Dash. Would you tell us about when that was? 

Mr. LaRue. As I recall, Mr. Dash, that would be approximately the 
middle of April— April 16 or 17. 

Mr. Dash. Did you go voluntarily ? 

Mr. LaRue. Yes, sir. 

Mr. Dash. Did you have a discussion with Mr. Dean before you 
went? 

Mr. LaRue. Yes, sir. 

Mr. Dash. Could you tell us something about the discussion ? 

Mr. LuvRue. Yes, sir, I went to see — called Mr. Dean — told him I 
would like to talk to him. I asked him— told him that because of the 



(1463) 



76.9 IN RE GRAND JURY, MISC. 47-73 DOCKET, MARCH 28, SO, APRIL 3, 5, 1973 



MISCELLANEOUS DOCKET 

(Unitcl) States JDifitritt Court for t!3C Bifitrict of Columljia 



Number 



Parties 



47-73 



Action 



Petitioner's Atty. 



IN RE - GRAND JURY PROCEEDINGS 



Respondent's Atty. 

Wpthir.rtor., D. C. 



Date 



Proceedings 



Fees 



Total 



1973 ' 

Mar 26 



Tlar 



Mar 



Mar 




26 



27 



28 



Letter dated 3-15-73 from Henrj' E. Petersen, Asst. 
Atty. C-en. to Harold H. Titus, US Atty., advising 
that request f.-^r authority to apply to USDC for an 
order requiring George Gordon Liddj^ to give testimorly 
before grand jury with a grant of immunity pursuanlf 
to l8 use 6003 and 28 CFR 0,175 is approved. 
Motion by US Atty. for D. C. for an order compelling 

George Gordon Liddy to give testimony before grand 
jury with a grant of immunity pursuant to l8 USC 
6001 et seq., filed in open court, heard in part 
and continued for further hearing until March 30, 
1973; counsel for respondent Liddj^ to file opp. tc 
motion not later than 10:00 A.M, Ijlarch 2g, 1973; 
deft. Liddy present and remanded to D. C. Jail. 
(Rep: N. Sokal) Sirica, C.J, 

AS OF MARCH 27, I973 
Case called by Asst. US Atty. for purpose of obtain- 
ing leave to Court to proceed immediately v/ith Grand 
Jury interrogation of Everette Hunt, Bernard L. 
Barker, Eupcenio R. Martinez, Frank A. Sturgis and 
Virgilio R. Gonzalez; leave to proceed forthwith 
granted. (Rep: N, Sokal) Sirica, C,J. 

Letter dated 3-15-73 from Henry E. Petersen, Asst. Attj 
General, to Harold H. Titus, Jr. U.S. Atty, Granting 
request for authority to apply to USDC for an order 
requiring Everette Hov.-ard Hunt, Jr., to give testiraonj 
a grant of immunity pursuant to I8 USC 6OOI et seq. Fl 

Sirica, C.J. 

Motion by U.S. Atty for an order compelling Everette 
Jr. to give testkmony before grand jury with a grant c 
pur to 18 USC 6001 et seq. Filed in Open Court, Heard 
& GRANTED. " (Rep-N. Sokal) Sirica, C.J. 

Order directing Everette Howard Hunt, Jr., to give tes» 

before grand jury with a grant of immunity pur to 

18 use 6001 et seq, (N) Sirica, C.J. 

Deft. Liddy 's response to Govt motion under Title I8, 

U.S. Code, Section 600I, et al; c/s 3-29-73, ?ils"i; ^ 

Sirica, C.J 

Transcript of proceedings of 3-26-73, pages _l-2o^ incl 

Court's copy. (Rep-N. Sokal) Sirica, 



Witt 
led 



Hqward jHun 
f in-iuni 

i 
1 

Imony 



t, 
ty 



C.J. 



(1464) 



76.9 IN RE GRAND JURY, MISC. 47-73 DOCKET. MARCH 28, 3 0, APRIL Z, 5, 1973 

47-73 



vs. 



No. 



ate 




Mayr 



58- 
3 



Proceedings 



Fees Total 



Further hearing held on motion by U.S. Atty for an order 
compelling George Gordon Liddy to give testimony be- 
fore Grand Jury pursuant to lo USC 6001 et. seq. 
Motion by U.S. Atty; Granted. (Rep-M.Sokal) Sirica. C.J, 

Motion by Govt, to adjudicate George Gordon Liddy in conterrpt 



the Grand Jury 



for his refusal to ansvrer certain questions before 
as he was ordered to on 3-30-73, Filed In Open Cour'tj 
Heard & Granted. (Rep-rr.Sokal) Sirica, C.J, 
Order finding that George Gordon Liddy has v/ithout jusl 

cause refused to testify before grand Jury as previously 
ordered & directing that Mr. Liddy be confined unti] 
such time as he is v.'illing to testify as ordered, 
provided, hov.'ever, that the period of confinem.ent siiall 
not exceed the life of the grand jury, including extensions 



& shall in no case exceed lo months, & further directing that 



Mr. Liddy be confined in the D.C. Jail for the duraition 



11 



12 



under the contempt statute; counsel for Govt, to pileparel 
proposed findings of fact £; conclusions of law to a,Gcompany 
order no later than 4-9-73. (N) Sirica, C.J. 
Order staying execution of sentence in Cr. lo27-72 as of 
this date to recoiTunence at the conclusion of his 
confinement for contempt as ordered. (Ori?-inal filed 
in Cr. 1827-72) (i!) "^Sirica, C.J, 

Motions (4) by US Atty for an order compelling Bernard 
L. Barker, Eugenio R, Martinez, Frank A. Sturgis & 
Virgilio R. Gonzalez to give testimony before granc 
jury with a grant of immunity pur to 18 USC 6C01, 
et. seq, ^together with letter from Henry E. Petersen, 
Asst. Atty. General, dated 3-l?-73 to Harold H. Titus 
Jr., U.S. Atty, Granting request to seek order as to eac 
respondent. Filed in Open Court, Heard &; Granted; 
4 Orders, one pertaining to each respondent, signec . 
(Rep-N.Sokal) Sirica, C.J. 

Copy of Letter dated 3-15-73 fro-n Henry E. Petersen, Asst. 
Atty. General, to Harold H. Titus, Jr., U.S. Atty, 
.approving request for authority to apply for an orcer 
corapeling James W, McCord Jr. to testify before grand 
Jury vjith a grant of imm.unity pur. tolC USC 6001 etj. seq 
filed in Open Court. (P.ep-N.Sokal) Sirica, C.J. 

Motion by Asst. U.S. Atty for an order co.iipelling James VJ. ^CCdrd 
Jr. to testify before grand jury ;vith a grant of irrmunity pur. 
to T.18 USC 6001 et. seq. Heard & Granted. (Rep-K.dokal) 

Sirica, C.J. 

Order compelling James W. McCord Jr., testify before 

grand jury with a grant of i;;!nunity pur. to Ic USC, 
6001 et. seq. {■-.) (Rep-:-r.3okal) " Sirica, c.j 

Notice of appeal by deft. George Gordon Liddy from the 
Judgment of April 3, 1973; Copy mailed to Earl J. 
Silbert, Asst. U.S. Atty; Deposit by Maroulis, 

$5.00. 5 00 

In Re: George Gordon Liddy: Findings of fact & conclupions 
of Law finding George Gordon Liddy, without just cause, 
has refused to comply with an order of Court that he 
testify before grand Jury^.^(()[) j^p^g-Sokal) Sirica, J3.J. 



of 



irnpri 



soHTient 



5 00 



y\ 



(1465) 



I t.r 




76,10 HERBERT PORTER TESTIMONY, JUNE 7, 1973, 2 SSC 637 

637 

Mr. Porter. Yes, sir; I did. 

Mr. DoRSEN. Did Mr. Magruder ask you to make any other state- 
ments which you knew to be false? 

Mr. Porter. Yes, sir; he did. 

Mr. Dorsen. What did he ask you? 

Mr. Porter. Shortly after that, he asked me to, if I would increase 
the amount of money that I was going to say that I gave to Mr. 
Liddy, and I said, no, I would not do that. He said, why not? 

I said because I just absolutely — I did not give him that amount of 
money and I will not say I gave him that amount of money. 

I said the conversation that you are asking me to relate, I can con- 
ceive of it happening because I would have told you that in December 
if you had asked me. And that is a strange answer, but that is the 
answer I gave him. And I would not increase the amount of money. 
He wanted me to say that I gave Mr. Liddy S75,000, when in fact, I 
had given him some $30,000 to $.35,000— $32,000. 

Mr. Dorsen. Did Mr. Magruder tell you why he wanted the high 
figure? 

Mr. Porter. No, sir; he did not. 

Mr. Dorsen. When was the first time you told any investigatory 
body that you had not testified truthfully at the grand jury and at the 
trial? 

Mr. Porter. April 18, I believe. 

Mr. Dorsen. 1973? 

Mr. Porter. 1973, yes, sir. 

Mr. Dorsen. Mr. Chairman, I have no fmrther questions at this 
time. 

Senator Ervin. We have a vote on in the Senate, so it will be 
necessary for us to take a recess so the members of the committee can 
go and vote. 

[Recess.] 

Senator Ervin. The committee will come to order. 

Mr. Thompson. 

Mr. Thompson. Mr. Porter, as I understand it, your statement here 
this morning is to the effect that you agreed with Mr. Magruder that 
you would tell the grand jury a false story, is that correct? 

Mr. Porter. What I agreed to specifically, Mr. Thompson, was 
that I would agree initially to corroborate a story that Mr. Magruder 
was going to tell to the FBI, which I felt was, in effect, replacing one 
la^vful authorization for another lawful authorization. 

Mr. Thompson. Well, was it or was it not a false storj'? 

Mr. Porter. Yes, that is absolutely correct; it was a false 
statement. 

Mr. Tho.mpson. Well, you gave this false statement to the grand 
jury? 

Mr. Porter, i es, sir. 

Mr. Thompson. And you gave it at the trial in January? 

Mr. Porter. Yes, sir. 

Mr. Thompson. When did you go to the proper authorities and tell 
them the truth about these matters? 

Mr. Porter. The appointment was on April IS at the U.S. at- 
torn(\v's ofRce, although the mutant had been made earlier than that, 
or the contact to set up an appointment, I mean. 
Mr. Thompson. When wa-; the contact made? 



(1466) 




77. On April 18, 1973 the President had telephone conversations 
with Henry Petersen from 2:50 to 2:56 p.m. and from 6:28 to 6:37 p.m. 
Petersen has testified that the President told him that Dean said he 
had been granted immunity and the President had it on tape, and that 
Petersen denied that Dean had been granted immxmity. Petersen told 
the President that the prosecutors had received evidence that Gordon 
Liddy and E. Howard Hunt had burglarized the office of Dr. Fielding, 
Daniel Ellsberg's psychiatrist. The President told Petersen that he 
knew of that event; it was a national security matter; Petersen's 
mandate was Watergate; and Petersen should stay out of the Fielding 
break-in. The President told Petersen that the prosecutors should 
not question Hunt about national security matters. After this tele- 
phone call, Petersen relayed this directive to Silbert. 

In response to the Committee's subpoena for the tape recording 
and other evidence of the telephone conversations between the Presi- 
dent and Petersen from 2:50 to 2:56 p.m. and from 6:28 to 6:37 p.m., 
the President has produced an edited transcript of the conversation 
from 2:50 to 2:56 p.m., during which the President and Petersen dis- 



(1467) 



cussed immunity for Dean and Magruder. A summary of that transcript has 
been prepared. The President has informed the Committee that the 
telephone call from 6:28 to 6:37 p.m. was placed from Camp David and 
was not recorded. 



Page 

77.1 President Nixon daily diary, April 18, 1973, 

Exhibit 49, In re Grand Jury , Misc. 47-73 1469 

77.2 House Judiciary Coiomittee staff su mm ary of 
White House edited transcript of a telephone 
conversation between the President and Henry 
Petersen, April 18, 1973, 2:50 - 2:56 p.nj 1472 



77.3, Henry Petersen testimony, Watergate Grand 

Jury, August 23, 1973, 73-75 (received from 

Watergate Grand Jury) 1474 

77.4 Henry Petersen testimony, Watergate Grand 
Jury, February 5, 1974, 12-14, 19-20 

(received from Watergate Grand Jury) 1477 

77.5 Henry Petersen testimony, 9 SSC 3630-31, 

3654-56 1482 

77.6 President Nixon statement, August 15, 1973, 

9 Presidential Documents 991, 993 1487 

77.7 President Nixon news conference, August 22, 

1973, 9 Presidential Documents 1016, 1020 1489 

77.8 John Dean testimony, 3 SSC 1019-20 1491 



(1468) 



77.1 PBESIDEm Nixon DAILY DIARI, APRIL 18, 1973, EXHIBIT 49, 
IN RE ORAND JURY, MISC. 47-73 





K 






(S« Ti..tl ll«ot<l (or T<».:l Acl...ry) ^AlA 


/ 




TE HOUSE 


DATE (Mo. D.r. Yf.) 1 'J 

APRIL 18, 1973 „p 


1> 




THE rar 


TIME DAY 1 




WASKIXG 


TON, D.C. 12:04 a.m. MED.VESDAY | 




TIME 


PHONE 
P^Pliccd 
R=R«e.vcd 


ACTIVITY 




la 


Out 


Lo 


LD 




12:05 


12:20 


P 


^ 


Tne President talked with his Assistant, H. R. Haldeman. 




7:58 








The President went to the Oval Office. 
The President met with: 




8:17 


8:26 






Ronald L. Ziegler, Press Secretary 




8:11 


8:38 






Mr. Haldeman 




8:33 


8:38 






Mr. Ziegler 




8:38 








The President- went to the Cabinet Room. 




8:38 


10:17 






The President met to discuss his energy message to Congress 
with bipartisan Congressional leaders. For a list of 
attendees, see APPE>,T)IX "A." 

White House photographer, in/out 




10:17 








The President returned to the Oval Office. 




10:20 






» 


The President went to the Roosevelt Room. 




10:20 • 


11:16 






The President met to discuss the emigration problems 










regarding Soviet Jews with bipartisan Congressional 












leaders. For a list of attendees, see APPEMDIX "B." 




11:16 








The President returned to the Oval Office. 
Tha President — ct vith: 




11:22 


12:11 






Giulio Andreotti, President of the Council of 
Ministers of Italy 




11:22 


12:11 






Andrea Cagiati, Diplomatic Advisor to Prime Minister 
Andreotti 




11:22 


12:11 






Neil A. Seideninan, State Department interpreter 




11:24 


12:11 






Henry A. Kissinger, Assistant 




12:11 








The President escorted Prime !-Iinister Andreotti to his car 
parked in the south driveway. 




12:12 








The President returned to the Oval Office. He was accompanied 
by John A. Volpe, Anibassador from the U.S. to Italy 




12:12 


12:20 






The President met with Ambassador Volpe. 




12:20 


12121 


P 


' 


The President talked with Vice President Spiro T. Agnew. 




12 :22 


12:25 






The President met with Mr. Kissinger. 



p.. I.. 0,3. 



■.i.-(.i. 



(1469) 



77. 1 PRESIVEUT NIXON DAILY DIAHJ, APRIL 18, 297S, EXHIBIT 49, 
IN RE GRAND JURY, MISC. 47-73 



TH£ WHITE HOUSE PRESIDENT RICHARD NIXON'S DAILY DIARY /IWllA 


^ 


PL\C£ DAY BEGAN 


DATE (Mo. D.,. Yf.) \ 

APRIL 18, 1973 ,||fl 


i3 


THE VnilTE HOUSE 
WASHINCTO:!, D.C. 


TIME DAY > 

12:25 p.m. WEDMESDAY 


TIME 


PHONE 
R=»Rcccivcd 


ACTIVITY 


U 


Out 


Lo 


LD 


12:25 
12:27 


12:33 
12:32 




y 


The President met with: 
Mr. Haldeman 
Mr. Ziegler 


12:33 


12:51 






The President met with: 

Ralner Barzel, Chairman of the Cnristian Democratic 

Union of the Federal Republic of Germany 
Erich Feldweg, German interpreter 
Mr. Kissinger 

Members of the press, in/out 
White House photographer, in/out- 


12:43 


12:58 


P 




"Tie President talked with Secretary of the Treasury George P. 
Shultz. 


1:03 


1:17 






The President met with: 

Congressman William G. Bray (R-Indiana) 

Loria J. Badskey, Chairman of the Board and Chief 
Executive of LML Engineering add Manufacturing 
Corporation and President of Kiwanis International 

Darrell Coover, National Board Menber of Kiwanis. 
International 

Max L. Friedersdorf , Special Assistant 

Members of the press, in/out 

White House photographer, in/out 


1:1S 








TKo ^rssi'^ent vent to his '^rivats offics- 


2:43 








The President returned to the Oval Office. 


2:43 


2:45 






The President filmed a message on energy for broadcast on the 
evening news. 

Members of the press, in/out 
White House photographer, in/out 


2:45 








The President returned to his private off'.ce. 


2:50 


2:56 


P 


y 


The President talked with his Assistant Attorney General 
Henry E. Petersen. 


2:56 








The President returned to the Oval Offtc-- 


2:57 


2:58 


P 




The President talked with his daughter, ,'••'-=• 


3:05 


3:25 






The President met with Mr. Ehrlichoaa. 

1 - 



'•"-*--• 3.. p,g,<,,. 



(1470) 



77. 1 PRESIDENT NIXON DAILY DIARl, APRIL 18, 1973, EXHIBIT 49, 
IN RE GRAND JURY, MISC. 47-73 



(Sn Tii'cl Record fot Tf*vcl Aciiv.tr) 



^ 



PLAC£ DAY DEGAN 

THE WUTE HOUSE 
W.^HIt.'CTOM, D.C. 



DATE (Mo.. O.j. Vf.) 

APRIL 18, 1973 

TIME DAf 

3:24 p.p. '^.TDN'ESDAY 



uiMl 



?;cONE 

R=RccciveJ 



3:24 


5:20 


3:24 


5:20 


3:24 


4:55 


3:45 


4:00 


4:06 


5:20 



4:06 

5:20 
5:35 
5:36 

:05 

[6:28 

6:30 

6:45 
8:07 

8:18 
8:21 

8:40 
9:06 



5:20 
5:33 

6:04 

6:10 
6:37 
8:05 

7:55 

8:18 

8:20 
8:23 



P , 



The President met with the Quadriad: 

George P. Shultz, Secretary of the Treasury and nember 

of the Quadriad 
Arthur F. Bums, Chiarnan of the Board of Governors 

of the Federal Reserve Systeta and meober of the 

Quadriad 
"Mr. Ehrlichraan 
Mr. Kissinger 
Roy L. Ash, Director of the Oiffl and menber of the 

Quadriad 
Herbert Stein, Cnairman of the Council of Ecoaonic 

Advisers (CEA) and member of the Quadriad 

The President met with Mr. Kissinger. 

The President went to the South Grounds of the White Eouse. 

■ The President flew by helicopter from the South Grounds of 
the White House to Camp David, Maryland. For a list of 
passengers, see APPEtTDIX "C." 

The President motored from the Camp David helipad to Aspen 
Lodge. 

The President talked long distance with Mr. Petersen in 
Washington, D.C. 

The President met with: 
Mr. Haldeman 
Mr . Ehrlichman 

The Presidential party had dinner. 

The President talked long distance with Mr. Ziegler in 
Washington, D.C. 

The President talked with Mr. Ehrlichman. 

The President talked long distance with Mr. Ziegler in 
Washington, D.C. 

The President went s'.jiicming in the Aspen pool. 

The President returned to Aspen Lodge. 



CD/SM/JO 



pjjt ,3.. or J3.. p..<.(<) 



(1471) 



77,2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 18, 1973, 2:50-2:56 P.M. TELEPHONE CONVERSATION 



SUMMARY OF EDITED WHITE HOUSE TRANSCRIPT 
April 18. 1973. 2:50 to 2:56 p.m. 

On April 18, 1973 the President telephoned Assistant Attorney 
General Henry Petersen and conversed with him by telephone from 2:50 to 
2:56 p.m. The President asked, "Anything I need to know today?" Peter- 
sen replied, "No sir. There is no significant developments." Petersen 
said that Strachan is coming in and "we are still negotiating." He 
mentioned a problem of leaks from the Grand Jury and said that "We have 
the FBI checking out the reporter on the ground that they have leaked" the 
Grand Jury transcript, (p. 1) Petersen said he was pleased with the reaction 
"your statement got" and thought "it was probably the right thing to say." 
(pp. 2-3) 

The President asked about Magruder and Dean. Petersen said they 
had not finished with Magruder and Dean, because their lawyers wanted time 
to think. The President said, "that was your suggestion, at least, that we 
should not do anything on Dean at this point." Petersen said he thought that 
was right and that he thought "you ought to just let him sit." (p. 3) The 
President said, "All I have is just information" to which Petersen responded, 
"That's right." The President continued that he had information "basically 
from you and from him, but it is information the gravity of which I just can't 
judge until I see whether it is corroborated." Petersen said, "You have to 
treat that as private, in any event." (pp. 3-4) 



(1472) 



77. 2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 18, 1973, 2:50-2:56 P.M. TELEPHONE CONVERSATION 

Petersen said he was "a little concerned about Senator Ervin's 
Connnittee " because "they have just, under the agreement Kleindienst worked 
out with Senator Ervin, have called the Bureau and asked to see the inter- 
view statements of Magruder, Porter, Sloan and LaRue." The President said, 
"Oh, my (expletive removed)." Petersen said he felt like he was sitting 
on a powder keg there, but did not dare go to Senator Ervin until he got 
a definite commitment from Magruder. (p. A) 

The President said, "On Magruder, what's waiting besides the Commit- 
tee with him?" Petersen felt Magruder faced issues of whether or not the 
Judge is going to clap him in jail right away and whether or not the Committee 
is going to put pressure on him. Petersen, in response to a question by the 
President, said he had not yet tried to talk to Senator Ervin and did not want 
to "until I can tie him [apparently Magruder] down." Petersen said, "I've got 
to be able to say that I am coming out with something public in terms of a 
charge .... You know, have a valid basis for asking him to slow it up." 
(pp. 3-4) The President agreed. 

The President said he was glad Petersen thought the statement went 
well; that the President had worked on it to be sure it didn't compromise any- 
body one way or tha other. "As you noticed too," the President said, "I put 
the immimity thing. It leaves the ball in your court, but ... on the other 
hand, I had to express the view because basically people are going to ask me, 
what about Mitchell, what about, you know, a lot of people and you know I just 
can't be in this position." Petersen said, "I agree wholeheartedly." The 
President said that lower people are different, but "upper people, you know, 
they might think I am protecting (unintelligible)." Petersen said he agreed, 
(p. 5) 

-2- 
(1473) 



77. Z HENHY PTER5EN TESTIMONY, AUGUST 23, 1973, WATERGATE GRAM D JURY, 73-75 73 

; ■; responsibility fro.'n me. Uo matter v/hat you say or do, I'n 

•J,: the only one ■-vno can nake the decision. I'm the only one 

;i cliat's going to ba held responsible and it's not going to 

1- 
1 'i serve r?.e to say that you said do this or do that. I'm going 

5': to have to decide it on the merits as best I see it." 

He finally agreed to that. 



S 



n 1 

i 



Q And on the 18th did you have a discussion with 
respect to irmaunity? 
ji A Yes. I received a telephone call from the President 
}i and he was rather angry. Ue said, in effect, "You told rae 
'i that Dean wasn't immunized and now I know that he is, and I 
;. know that he is because he told me," 



^, I said, "Well, that simply isn't so." I guess that 



it ( ; 



iJ 



ji Presidents don't like you to say that it simply isn't so. The 

I conversation got nasty and it made me uneasy. 
I said, "Well, I'll double check on it, but I know 

that it isn't so." 

I got in touch with Earl Silbert and I said, "Earl, 

this is what he says. lie says that he has it on tape and he 

jl offered to let me listen to it and I told him I didn't want to 

ji 

J! listen to it." 

|: Q You left that part out of the conversation. I'm sorii'y, 
-ji 

II Mr. Petersen. The President indicated that he had it on tape? 

A Well, he said, "I know it's so." I said that I 

■Si j! 

i; thought that was wrong, and he said, "Well, I have it on tape. 

■i':> 1: 



13 
1:1 
■20 



21 M 



01 



DV 



(1474) 



77. Z HENRY PETERSEN TESTIMONY, AUGUST ZZ, 197Z, WATERGATE GRAND JURY, 72-75 ^j, i 

,: i 

'-'\, Do you want to hear it?" I said, "Uo, I'll accept your v/ord ' 

: i 

- ;■ for it. If you tell ne that's what Dean said, I"ll accept it ; 

i 

DLit I think tb.at's wrong. I don't see that )ie has any reason ; 

i 

I 

— he has not been immunized, and I'm tha one that has to 
o \. exercise the authority and I know I haven't exercised it, but 
(; I' I will check," 



li 



1 asked i-jr , Silbert to get in touch vjith Charlie 



S '! Schaf fer, and Earl called me back later in the evening and 

y |; said, "Mr. Schaf fer confirmed our understanding was correct, 

10 {I that we were sinply negotiating for iraaunity and no icEUTinity 

■., !' has been conferred either foimally or informally." 

.., : I called the President back and told him that, and 

--* ! 

.^ |r that seeme^J to reassure him. It certainly reassured me. At 

'■ least he didn't think that I was misleading him, and I guess 

■ that was ray real concern at that point. 

i-> V. ■* 

li He said, "IVhat else is new?" I said, "I got this 

_ li report that Liddy and Hunt burglarized Fielding's office." 

K 

I] Q Can I interrupt you for a second with that? Is this 

13 \\ 

\\ the first that you had ever heard in this investigation of the 

1!) ll 

ii . . , 

11 President or his agents tape recording any conversations? 

2-1 ii I 

'; A Yes, but it didn't surprise me. | 

.Ml 1 

i! Q I'm sorry. Go on. | 

" '■ .1 

i| A V7ith respect to the second part of this conversation, 

:: I v.ould be surprised to learn that a chief of state did not i 

I 

record conversations and I assumed ^vhen I spoke with him that " 

DV 



(1475) 



77, Z HENRY PETERSEN TESTIMONr, AUGUST 23. 1973. WATEBGAT E GRAND JURY, ^^'^^ j,^ 

' ,, our convarsations wero being recorded. 

■• M In any event, he said, "What else is new?", and then- 

1 
'■■ I dropped the next borijshell. It was that Dean had infonned | 

i ii Silbert that Liddy and Hunt and company had burglarized Dr. 

i; 

s Ji Fielding's office who vas Ellsberg's psychiatrist. 

il 
(-■[', The President said, "I know about that. That's a 



7 ii national security matter. Your mandate is Watergate. You 

ii 
I- 

v, 'i stay out of that.'' 

W 

■ i| I said, "V7ell, I have caused a check to be made, and 

h 

;f; j: we don't have any information of that nature in the case." I 

i; 

-. ;; said,, "Do you know where there is such infonnation?", and he 

,. !' said no. 

' i 

,.5 il He said, "There's nothing you have to do." Then I 

. . |i got off the phone, 

. ■; I called Mr. Silbert and told him what the President 

! had sard. I guess he was kind of upset about it. He just kind 
ii 

_ j; of grunted or groaned. I said, "Well, Earl, that's it." 

' P 
;| Then I called Mr. Maronay and told him to — Mr. 

\\ Maroney is the Deputy Assistant Attorney General who has the 

Internal Security Section which had the Ellsberg case under 

'I his jurisdiction. 

il Without referring to the President, I told him to 

\\ forget about it, that it was easier handled — because !iaroney 

'• had previously recomitiended that it was not necessary to make 

a disclosure of the facts to the trial court on vhat he 



ii> 



DV 



(1476) 



77.4 BENEY PETERSEN TESTIMONY, FEBRUARY 5, 1974, WATERGATE GRAND JURY, 
K 12-14, 19-20 



12 



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coLild not, in substance, brlns himself to put it on pa^jer 
because it would bo a confession of Daan's own improper or 
illegal activities. 

Was it your impression, or did the President indi- 
cate, that Dean had not, at the time that the president asked 
Dean to prepare such a report, provided inforcation which 
v7ould be incriminatory of Dean? 

A Well, I suppose I better give you — I think that 
might be a fair inference but the President said, "Dean caae 
in and told me all about these things. My goodness, that was 
the first tine I heard. I sent him up to Camp David and told 
hin, 'Sit down and write this out.* He cane back and hadn't 
done it." Conclusion — which was the President's — "I 
suppose he was too involved to be able to do it." 

"And, at that point, I asked Ehrlichman to sit down 
and get me the facts." 

So there are C\^o inferences. One that Dean vjas 
distraught and, t^-io, that he was involved, and three, the 
President, now, couldn't rely on hin because the President 
thought he was involved, in any event — that's a possible 
third inference. 

Q Now, do you recall discussing with the President, 
at some time -- striite that. 

I chink you have testified earliar that tha presi- 
dent, at some time, indicated to you that Dean had been 



DV 



(1477) 



35-904 O - 74 - pt. 3 -- 26 



77.4 HENRY PETERSEN TESTIMONY ^ FEBRUARY S, 1974, WATERGATE GRAND JURY, 
12-14, 19-20 13 



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protnissd immunity and that >oa liad some discassian with the 
President abo'at it. VJhen did that take place? 

A That took place in tha teler^hone call on April 18th 

from Camp David and he v)as very upset and there were t-v^o 

well, it kind of upset ne, too, because one, the only impli- 
cations you could draw frora that very forceful consent and 
conversation by the President was that, one, I did not know 
what in the hell was going on or, f.i;o, that I deliberately 
concealed infornation from him, neither of which made me feel 
very jolly. 

And I undertook to check with Silbert & Company 
and Silbert checked with Silbert checked with Charlie Shaffer 
Dean's lawyer, in order to make certain because the President 
-- this was important, not only because of what ths President 
thought of me, which probably is of the least importance, 
but bacause of a major concern that if Dean was telling the 
President he was immunized, somehow or other we and the pro- 
secution had goofed, and goofed badly. 

Q Was this a conversation In which the President 
after you said Dean did not have immunity, said, "I have it 
on tape. Oo you want to hear it?" 

A That's right. That's right. That's correct. That 
was in a subsequent tele- hone call v;hen I reported back to 
him. 

Q Has there any indication that the President had 



DV 



(1478) 



77.4 Emm PETEBSEfl TESTIMONY, FEBRUARY 5, 1974, WATERGATE GRAND JURY, 
12-14. 19-20 

14 

reviev.'sd this ta; e? 

A No. Ha said -- I told him and he said, aln;o3t p.s 
by vjay of cxj-lanation or almost ajjolo^y for the strength of 
his statenent, '"Jell, I have it on tape if you uant to hear 
it." And I said, "No, I don't want to hear it. I take your 
word for it." But I didn't want to hear it because I didn't 
want to hear anything that came from John Dean other than 
we were getting from John himself. 

But, in any event, you know, the other factor was, 
it's very awkward to say, "All right, Mr. President, I don't 
believe you. Let ne hear the tape." And I didn't want to 
indulge that either. 

Q Now, when v;as the first tine there was ever any 
aention between — in a conversation between yourself and 
the president of money paid to the Watergate defendants in 
a surreptitious manner, the source of which was either the 
Cotaaittee to Re-elect the President or the White House? 

A My guess is -- and I can't specifically remaaber, 
first of all, but my guess is that we mentioned that money 
in connection with Erhiichman' s knowledge of the cover-up 
on Aj.ril 15th but, in any event, it was sometime during that 



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v;eel<. 

But I think that was one of the itsms, April 15th 
or At^ril 16th, that \;e had with respect to Ehrlichman. One 
of the few, at that point. r^\ / 



(1479) 



77.4 HENRY PETERSEN TESTIMONY, FEBRUARY S, 1974, WATERGATE GRAND JURY, 

12-14, 19-20 |_g 



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A That it was necessary' for bin: to learn all of ths 

facts with respect to this ir.stter so the Pr-asident, or Head 
of State, would be able to take whatever action was a;.^pro- 
priate. 



n - 

Q How, going back to the time whsa the president 

spoke to you, on the 18th, about V7hethee or not Dean had 
been granted imraunity. Aside fron tha President's constena- 
tion about not having been infonced of a decision which he 
thought had been made and carried oat, did he indicate any- 
thing about the substance of the question of inmunity to Dean& 

A I'm not sure what you mean by "substance" in that 
context. 

Q That is the pros and cons of giving Dean immunity 
as Opposed to his disa^. .^ointment about not being advised. 

A No. Tnsre were those conversations but not at the 
time of that telephone call where he raised the question. 

Q Well, when you called him back and informed him 
that someone was mistaken and no such agreement had been 
arrived at, did he,;, at that time, reiterate his position 
or his various feelings on immunity? 

A Mo. At that time, we were three days beyond our 
earlier discussion with respect to iminunity and I think that 
we pretty much had a meeting of the minds that this v;as a 
sober decision and I had to mal.-.o it and I would take all of 
tnese factors into consideration. 



(1480) 



77 A HENBY PETERSEN TESTIMONY, FEBRUARY S, 1974, WATERGATE GRAND JURY, 

12-14. 19-20 20 



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So there was no further discuss ioa, at Caat poLat, 
other than to say that ray Inquiry had confirmed through 
i Charles (Jaffa) that we were in a negotiating posture. No 
iniraiinity, either forraal or inf ortaal, had been accorded and, 
indeed, that no stopple had been, created insofar as grantt 
of immunity was concerned. 

Q Did the President ever indicate Co you, or discuss 
with you, the question of ircnunity for Ehrlichaan or Haldeaan 
and, specifically, the question of national security natters 
that either of the txjo might have been involved in which 
nay have appeared to entail sone criminal activity? 

A Mo. No. 

Q Back to that day on — 

A That would have been preposterous- I was in no 
mood to hear anybody discuss — it's hard to second guess 
yourself and look back, or project what you night have done, 
but that's one of the things that I think would b^ve caused 
me to get up and leave. 

Q Did the president ever indicate to you what he felt 
the so-called Hunt blacl^nail to entail on the blaclcnail side 
rather than on the money side? That is, en the information 

side chat Hunt would divulge, if he were not paid? 

I 

A Well, the implication is thsC Hunt would tell all, 

i but whether that all would be correct or incorrect, there was 

i 

I never any oasis to ascertain or confir-.. 



Irne t 



I 



(1481) 



77,5 mmY PETERSEN TESTIMONY, AUGUST 7. 19?Z, 9 SSC 3630-31, 3654-56 



3630 

Mr. Dash. On April 18, did the President call you conccmiii;r the 
immunity question ? 
Mr. Petersen. Yes. 

ilr. Dash. Can you tell us briefly about that call ? 
Mr. Petersen*. The President called me — T recall it was in middle or 
late afternoon — and said that as a result of his convei-sation with the 
President he felt that — Dean liad said he had been immunized, said 
the President, and I said. "Mr. President, that is not so. We are in the 
process of determining whetlier or not he should be immunized btit we 
have made no decision and so far as normal immunity is concerned, 
only I can grant it. The prosecutors don't have the authority. I am 
certain that is not so but I will clieck." 

I called Earl Silbert and said — and he said, of course, just what I 
said and I said, "That is fine, but go on back to his counsel"' and his 
counsel agreed, "Xo, we are just in a preliminary negotiation, and no 
inmiunity has been offered or accepted." 

When I called the President back I told him that. He said, "Well, 
you know, I have it on tape if you want to hear it," and I said "Xo, 
I don't want to hear it because I don't want to get anything except 
what we are getting from John Dean directly." 

Mr. Dash. He said he had it on tape. Did he indicate it as a tape of 
Mr. Dean? 
Mr. Petersen. Xo ; he did not, and I didn't ask him. 
Mr. Dash. Is that where the matter stood ? 
Mr. Petersen. That is where the matter stood ; yes, sir. 
Mr. Dash. On April 16, did you receive a memorandum from Mr. 
Silbert concerning the Ellsberg psychiatrist's break-in? 
Mr. Petersen. Yes, sir ; I did. 

Mr. Dash. Was that the first time that you learned of that break-in ? 
Mr. Petersen. To be precise I ought to correct that. The memoran- 
dum was dated April 16. I think I received it on the 17th, Mr. Dash. 
» Mr. Dash. Right. Was that the first time you learned of the 
break-in ? 

Mr. Petersen. I think Earl told me on the telephone — this is -what 
told us — "I am sending you a memorandum." 

Mr. Dasif. And what did you do when you received that memo- 
randum? 

Mr. Petersen. I sent it to Deputv Assistant Attorney General Kevin 
Maronv. I said, "Kevin, check this out. Let me know what this is 
about." Mr. Marony came back with a note from him and a memo- 
randum from one of his staff in which they said we have no such 
information, nor does the FRT. Tliou we asked him to check whether 
or not thei-e was a psvchiatrist involved, and what have vou. They 
did and thev turned u)) from tlie FBI records that an individual by 
the name of Fieldiiiir had been inter\iewed. 

Well, that clicked. That led us to the photoarraphs and then we made 
the connection. I advised the President of that and kind of in response 
to his, well, whafs new, and I told him that we had received tliis 
infoi-rnation. 

Mr. T)\^it. Did he indic:itn that he knew anythiti'r about that break-in 
when von told him al)out it ? 



r- 



(1482) 



77.5 EEMY PETERSEN TESTIMONY, AUGUST 7, 1973, 9 SSC 3630-31, 3654-56 



3631 

Mr. PETEnsEX. Xo; he did not, Mr. Dash. I have to be verj- carefvil 
there. I woidd like to lepJuase tlic question for you, if I can. I sup- 
pose it 

Mr. D.iSfr. Please do. 

Mr. Petersen'. The question probably would be did he indicate he 
knew anything about it rather than anything about the break-in. And 
the President said when I told him, "I know about that. That is a 
national security matter. You stay out of that. Your mandate is to 
investigate Watergate." 

Xow, he didn't say he knew about the burghiry. He said he knew 
about it — about the report. I think that is a vital distinction to be 
recognized. 

Mr. Dash. When were you repoi-ting this to the President? 

Mr. Petersen. It was on April 18, sir. And he said stav out of it 
and after T _<rot oft' tiie teleplione, wliy T called up Mr. Silbert and I 
called up Mr. Marony and said, '"Mr. iSilbcrt." I said. '"The President 
said stay out of it. Earl, and that is it."' I called up yii: Maronv and 
said, "Just forget it." 

Then I proceeded to ponder the situation. T discussed it with some 
of my staff, so in terms of the actual, and the question involved of 
whether or not it was producible under Brady v. The United States, 
which holds that exculpatory materials should be made available to 
the defense. Well, there are two views of Brady, one. that an^-thing 
that may lead to an acquittal should be produced and another only 
that which goes to guilt or innocence is producible, and obviously, the 
prosecution usually takes the more narrow point of view and under 
that narrow a point of view it was not produced — and we stood on 
that for a day or so and then I r.''.tionalized that that mi^ht be true 
but this was really not the case to test that and I thought if we tested 
this in this sort of case we would probably lose it and it was such a 
celebrated case and it would certainly have political overtones that 
that type of thing ought to be disclosed, but I really didn't quite know 
what to do. 

Mr. Kleindienst had recused himself of Watergate and finally on 
the 2.5th T went on up to ^Nlr. Kleir.dienst's office and said, "Look," you 
are out of the Watergate but vou are not out of Ellsberg. T need some 
help." And we spent most of the day talkimr about this and he solicited 
some independent opinions and concluded that T was right, that in- 
deed it should be disclosed, and so I said, "Well, you know, the Presi- 
dent has given me a" 

'Mr. Dasji. You commtinicated that to the President ? 

IVfr. Petersen-. T told Mr. Kleindienst that the President instructed 
me to foriret about it but nonetheless T tlionirht we ought to go to the 
President and if he was nnliapnv about it we would simplv have to 
take the conseouences nnd Mr. Kleindienst asrreed with that. He went 
to the President. The President a.Treod. Mav T sav, Mr. Dnsh. that T 
have been distressed bv sorne of the ciiticism in the press, niavbe even 
other places about the President on tlint score nnd T think if is wholly 
unwarranted. He inadi^ — lip took a position with me and T think T can 
• coinit mvself as not the most senior hut at least n senior oflicial in the 
.idministintion. We disa.^reed with it. Wc went back to him and he 
fii\nllv a "-reed with us and T tl.ink tl-e ultimate thin-- is that he came 
out with the riirht answer and T think he had every right to expert us 



(1483) 




77,5 HENRY PETERSEN TESTIMONY, AUGUST 7, 1973, 9 SSC 3630-31, 3654-56 



3654 

cussed it and I recommended against it and the President recom- 
mended against it, so I was considerably surprised and frankly, 
disappointed. 

Senator Weicker. Now, you indicated that on April 26 — this was 
the evening in Mr. Kleindienst's office, the evening that Pat Gray 
returns to talk with you and the Attorney General in his office — that 
prior to that meeting you had talked to the President. 

Mr. Petersen. Yes, sir. 

Senator Weicker. And we had evidence from Mr. KleLndienst in 
the morning that he talked to the President during the course of that 
meeting. And yet, when the meeting is over, Mr. Gray is still in posi- 
tion. Why wasn't any action — can you give me at least from your 
conversation with the President, and/or your recollection, why wasn't 
Mr. Gray notified right then and there this is it ? 

ilr. Petersen. Well, I happened to be in Mr. Kleindienst's office 
when the call came through. 

Senator Weicker. Right. 

Mr. Petersen. The President spoke to Mr. Kleindienst. Obviously, 
I could hear only Mr. Kleindienst's half of the conversation. Immedi- 
ately after he got off the telephone he said we have to talk about Pat 
Gray, and what have you, and then the telephone rang again and 
this time it was for me and I walked out to the back office and took it. 
It was the President and he asked what I thought and T told him 
that I thought Pat's position was untenable, that I thought he was 
an innocent victim and I regretted it, and what have you, and he said, 
well, talk to Kleindienst about it and the two of you get together 
with Pat Gray. 

We called Pat's office and he was just about to leave. We ran him 
down, brought him back there. We sat down and discussed the situa- 
tion and not tearfully but almost so, and at the conclusion Mr. Klein- 
dienst went out — I do not know whether he had another call from 
the President or went out to make one. but that was it. 

We left with no decision. I was under the strong impression that Mr. 
Gray would resign. I thought he had to think it over and I expected 
he would think it over. So when he called me the next morning and 
told me that after a night of thought he decided that he had no other 
alternative, I was not surprised. 

That is all I can tell vou about it. Senator. 

Senator Weicker. Did you mention in testimonv before the com- 
mittee here this afternoon — it inst slinned bv and I am not so sure that 
I understood the context, and I miglit not have understood the sub- 
stance either, which said that the President offered tapes to von? 

Mr. Petersen. The President called on April 18 about the John 
Dean conversations on the night of .Vpril 1.5. His question was. has 
John Dean been immunized, and I said no. .\nd he said, well, he says 
he has. .\.ik1 I said that is not true. 

We got into an arrrnment whicli was ridiculoiis because neitlier one 
of us was present when tlie agreement was entered into, and I said, 
wait, T will check with the i>rosecutoi-s. He said, well. I liave it on tape. 
I said I will take your word for it. T do not want to hear it. .-Vnd so let 
me check with the Prosecutor. 

So I called tip the prosecutor, and .Silboi-t said no. I said, well, go 
back aiul clierk with his lawyer. 



a 

n 



(1484) 



77. S HENRY PETERSEN TESTIMONY, AUGUST 7, 1973. 9 SSC 3630-31. 3654-56 



3655 

That was the tape tliat was referred to. I told ^U: Cox about that 
day at the ■\\1ute House. I am told that the Pi-esident said that that 
was a statement of — tape of his recollections of the meeting. Xow, 
whether it was a taped conversation or not, I do not know, of the meet- 
ing as op|:x)sed to a tape that the President made of his own recollec- 
tions. One is true, but I do not know which. 

Senator Weicker. I am sorry. I just lost you on that last part. 

Mr. Petersen. One of two possibilities exist. Either that was a tape 
being utilized at the time the President met with John Dean 

Senator Weicker. I see. 

Mr. Petersen [continuing]. Or after the meeting the President sat 
down in front of a tape recorder and recorded his own recollection. I 
don't know which he was referring to. 

Senator Weicker. I see. I see. 

But in any event, he offered — was it on April 18 

Mr. Petersen. Yes, sir. 

Senator Weicker [continuing]. A tape to you of this conversation 
with John Dean? 

Mr. Petersen. That is right. 

Senator Weicker. Of his conversation with John Dean? 

Mr. Petersen. That is right, which I refused to listen to. 

Senator Weicker. Which you refused to listen to. right ? 

Just two more questions. On September 13, 1972, dropping back 
just a little bit^ — 

Mr. Petersen. The date. Senator? 

Senator Weicker. September 13, which date — let me give you what 
occurred there which might refresh your memory far better than a 
date. 

Did you receive a summary memorandum from Mr. Silbert which 
indicated that there might have been others higher than Liddy and 
Hunt involved in the Watergate matter ? 

Mr. Petersen. September 13, 1972 ? 

Senator Weicker. Back in September 1972. 

Mr. Petersen. I don't recall such a memorandum. About the only 
thing I could think of would be a prosecutor's memorandum which 
probably came in about that time just before the indictment, but I 
think that that is unlikely that there is such a memorandum. If you 
recall 

Senator Weicker. Did you get summaries from Mr. Silbert? 

Mr. Petersen. No. T got oral reports from Mr. Silbert of the investi- 
gation as it progressed, usually on a daily basis. There was a written 
recommendation with respect to prosecution and the basis of prosecu- 
tion of the seven on or about the second week in September just before 
the indictment. 

Senator Weicker. And was there any indication in that memo- 
randum that more might be involved ? 

Mr. Pf.tersf.n. I don't recall. Senator: no. sir. 

Senator Weicker. Then lastly, this last question I have got, you 
indicated with some anger, and I must say I can't blame you 

Mr. Petersen. T apologize for my intemperance. 

Senator Weicker. You are a professional man. T don't blame you 
for sticking up for your branch. ATavbe there was some sort of lack 
of confidence on the part of the Senate in you, members of the Justice 



(1485) 



ii 
I ai 

L 



77,5 HEMY PETERSEN TESTIMONY, AUGUST 7,, 1973, 9 SSC 3630-31, 3654-56 



3656 

Department, professional staff over there. Has it occurred to you that 
maybe the lack of confidence did not exist in you, that 

Mr Petersen. Yes. Yes. I like to think that. It occurs to me every 
day. [Laughter.] But I think it is a self -serving thought, Senator. 

Senator Weicker. The quest for the truth, at least in a legal sense— 
this is something that is looked upon, at least so far as the American 
people are concerned— they look to the executive branch of Croyem- 
ment. Don't you think that is true? I mean, rather than to blame it on 
yourself or feel that is a relationship between you and us ui this 
matter? _ 

Mr. Pctebsex. Senator, that is what I wa&— the thought 1 was try- 
ing to get across when I said I would take one position as a prosecutor 
and perhaps another as a Senator of the U.S. Senate. I understand 
the larger implications. I don't really like it. . 

Senator Weicker. I have no further questions, Mr. Chairman. 
- Senator Ervtn. Senator Montoya. 

Senator Montota. Mr. Petersen, don't jou find it very peculiar 
that the President offered to play this particular tape with respect to 
Dean, and he refuses any tapes to the prosecutor downtown and to this 
committee? 

Mr. Petersen. No, not especially. 

Senator Montoya. Why? 

Mr. Pctersen. I think that— well, let's take an attorney workpaper. 
We argue that they are privileged. New counsel comes m to assist old 
counsel. Old counsel shows him his workpapers. That is quite a differ- 
ent tiling than turning it over to the other side, to the defendant s 

If the President obviously thinks of this as the other side at least 
in terms of the executive versus the judiciary or executive versus the 
leoislative branch, I don't think that is necessarily inconsistent, bena- 
tor. I think that the President was willing to let me hear it because 
it was apropos to our discussions, but at that point, at that roint he 
considered me bound by executive privilege and he had told me so. 
He subsequently released me, but at that point he certamlv did. 

Senator MontOta. Well, couldn't he do this with Mr. Cox? 

Mr. Petersen. I don't know. • , -.r r< 

You know, I hesitate to comment on what he could do with Mr. box. 
The question is in litigation. I understand it has been argued today 
and it is one of the grand issues of law. You know, it has only been 
litigated once. It is a very interesting issue and I don't thmk I ought 
to comment on it. Senator. I would be delighted to discuss it with you 
in private. . , , ^ . , ^ ., , 

Senator Montoya. Wouldn't you think that if the President called 
Mr. Cox and played the tapes to him on an executive privilege basis 
that Mr. Cox would honor that commitment ? 

Mr. Petersen. Well, I wouldn't if I were Mr. Cox. 

Senator ^Iontoya. You would what ? 

Mr. Petersen. I would not if T were iSIr. Cox. I would want those 
things without qualifications. It doesn't do him any good to get in- 
formation that he can't use. r T • J- 

Senator >rnxTovA. Hnve you in tlie Department of .Tustice dis- 
cussed the significance of keeping the tapes in the sanctuary of execu- 
tive privilege, the legal significance? 



(1486) 



77. G PRESWEl^T NIXON STATEMENT, AUGUST IS, 1973, 
9 PRESIDENTIAL DOCUMENTS 991, 993 

PKESIDENTIAL DOCUMENTS: RICHARD NIXON, 1973 

The time has come to turn Watergate over to the courts, where the 
questions of guilt or Innocence belong. The time has come for the rest of us 
to get on with the urgent business of our Nation. 

Last November, the American people were gi\'en the clearest choice 
of this century. Your votes were a mandate, which I accepted, to complete 
the initiatives we began in my first term and to fulfill the promises I made 
for my second term. 

This Administration was elected to control inflation — to reduce the 
power and size of Government — to cut the cost of Government so that you 
can cut the cost of living — to presene and defend those fundamental 
values that have made America great — to keep the Nation's military 
strength second to none — to achieve peace with honor in Southeast ,\sia, 
and to bring home our prisoners of war — to build a new prosperity, with- 
out inflation and without war — to create a structure of peace in the world 
that would endure long after we are gone. 

These are great goals, they are worthy of a great people, and I would 
not be true to your trust if I let myself be turned aside from achieving those 
goals. 

If you share my belief in these goals — if you want the mandate you 
gave this Administration to be carried out — then I ask for your help to 
ensure that those who would exploit Watergate in order to keep us from 
doing what we were elected to do will not succeed. 

I ask tonight for your understanding, so that as a Nation we can leam 
the lessons of Watergate and gain from that experience. 

I ask for your help in reaffirming our dedication to the principles of 
decency, honor, and respect for the institutions that have sustained our 
progress through these past two centuries. 

And I ask for your support in getting on once again with meeting 
your problems, improving your life, building your future. 

With your help, with God's help, we will achieve those great goals 
for America. 

Thank you and good evening. 

note: The President spoke at 9 p.m. in his Oval Office at the White House. His 
address was broadcast live on radio and television. 



The Wsterffate Investigation '^^ evidence is not only extensive but very much in con- 

flict. It would be neither fair nor appropriate for me 



frht 

I Statement by the President. August 15, 1973 'o assess the evidence or comment on specific witnesses 

^^— or their credibility. That is the function of the Senate 

On May 17 the Senate Select Committee began its Committee and the courts. What I intend to do here is 

hearings on Watergate. Five days later, on May 22, I to cover the principal issues relating to my own conduct 

issued a detailed statement discussing my relationship ^^hich have been raised since mv statement of May 22, 

to the matter. I stated categorically that I had no prior ^^j ^^^^^^,. ^^ pi^^.^ ,he testimonv on those issues in per- 

knowledge of the Watergate operation and that I neither 

1 c ■ 1 r^ spective. 

knew ol nor took part m any sutjsequent eiTorts to cover ,., ,, ^t, ti. i ii r 

T , . . 1 .u . T I J . ■ 1 • I said on Mav 21 that 1 had no prior knowledge ot 

It up. 1 also stated that I would not invoke executive ■ '^ . 

privilege as to testimony by present and former mem- '^^ Watergate operation. In all the tesumonv. there is 

l>crs of my White House Staff with respect to possible "°' ''^^ slightest evidence to the contrarv. Not a single 

iriniinal acts then under investigation. witness has testified that I had any knowledge of the 

Thirty five witnesses have testified so far. The record planning for the Watergate break-in. 

is more than 7,500 pages and some 2 million words long. It is also true, as I said on May 22. that I took no part 

The allegatinns arc many, the facts are complicated, and in, and w.\s not aware of, any subsequent efforts to 

Volume 9 — Numb«r 33 



(1487) 



77.6 PRESIDENT NIXON STATEMENT, AUGUST IS, 2973, 
9 PRESIDENTIAL DOCUMENTS 991, 993 



PRESIDENTIAL DOCUMENTS; RICHAUD NIXON. 1973 



r 



write a complete report on all that he knew of the entire 
Watergate matter. On March 28, I had Mr. Ehrlichman 
call the ."Attorney General to find out if he had additional 
information about Watergate generally or White House 
involvement. The Attorney General was told that I 
wanted to hear directly from him, and not through any 
staff people, if he had any information on White House 
involvement or if information of that kind should come 
to him. The Attorney General indicated to Mr. Ehrlich- 
man that he had no such information. When I learned 
on March 30 that Mr. Dean had been unable to com- 
plete his report, I instructed Mr. Ehrlichman to con- 
duct an independent inquiry and bring all the facts to 
me. On April 14, Mr. Ehrlichman gave me his findings, 
and I directed that he report them to the .Attorney Gen- 
eral immediately. On .\pril 15, Attorney General Klein- 
dienst and Assistant .Attorney General Petersen told me 
of new information that had been received by the 
prosecutors. 

By that time tfie fragmentary information I had been 
given on March 21 had been supplemented in important 
ways, particularly by Mr. Ehrlichman's report to me on 
April 14, by the information Mr. Kleindienst and Mr. 
Petersen gave rrie on April 15, and by independent in- 
quiries I had been making on my own. At that point, I 
realized that I would not be able personally to find out 
all of the facts and make them public, and I concluded 
that the matter was best handled by the Justice Depart- 
ment and the grand jury. On .\pril 1 7, I announced that 
new inquiries were underway, as a result of what I had 
learned on March 2 1 and in my own investigation since 
that time. I instructed all Government employees to co- 
operate with the judicial process as it moved ahead on 
this matter and expressed my personal view that no im- 
munity should be given to any individual who had held 
a position of major importance in this Administration. 
My consistent position from the beginning has been 
to get out the facts about Watergate, not to cover them 
up. 

On May 22 I said that at no time did I authorize any 
offer of executive clemency for the Watergate defend- 
ants, nor did I know of any such ofTer. I reaffirm that 
statement. Indeed, I made my view clear to Mr. Ehr- 
lichman in July 1972, that under no circumstances could 
executive clemency be considered for those who partici- 
pated in the Watergate break-in. I maintained that 
position throu.ghout. 

On May 22 I said that "it was not until the time of 
my own investigation that I learned of the break-in at 
the office of Mr. Ellsberg's psychiatrist, and I specifically 
authorized the furnishing of this information to Judge 
Bvrne." After a very careful review, I have determined 
that this statement of mine is not prcriselv accurate. It 
was on March 17 that I first learned of the bre.ak-in at 
the ofTire of Dr. Fielding, and that was 4 davs before the 
liei^inning of my own investigation on March 21. I was 



told then that nothing by way of evidence had been ob- 
tained in the break-in. On .\pril 18 I learned that the 
Justice Department had interrogated or was going to 
interrogate Mr. Hunt about this break-in. I was gravely 
concerned that other activities of the Special Investiga- 
tions Unit might be disclosed, because I knew this could 
.seriously injure the national security. Consequently, I 
directed Mr. Petersen to stick to the Watergate investiga- 
tion and stay out of national security matters. On April 
25 Attorney General Kleindienst came to me and urged 
that the fact of the break-in should be disclosed to the 
court, despite the fact that, since no evidence had been 
obtained, the law did not clearly require it. I concurred I 
and authorized him to report the break-in to Judge I 
Byrne. ^^^J 

In view of the incident of Dr. Fielding's office, let me 
emphasize two things. 

First, it was and is important that many of the matters 
worked on by the Special Investigations Unit not be pub- 
licly disclosed because disclosure would unquestionably 
damage the national security. This is why I have exer- 
cised executive privilege on some of these matters in con- 
nection with the testimony of Mr. Ehrlichman and others. 
The Senate Committee has learned through its investiga- 
tion the general facts of some of these security matters 
and has to date wisely declined to make them public or 
to contest in these respects my claim of executive privilege. 
Second, I at no time authorized the use of illegal means 
by the Special Investigations Unit, and I was not aware 
of the break-in of Dr. Fielding's office until March 17, 
1973. 

Many persons will ask why, when the facts are as I have 
stated them, I do not make public the tape recordings 
of mv meetings and conversations with members of the 
White House Staff during this period. 

I am aware that such terms as "separation of powers" 
and "executive privilege" are lawyers' terms, and that 
those doctrines have been called "abstruse" and "eso- 
teric." Let me state the commonsense of the matter. 
Every day a President of the United States Is required 
to make difficult decisions on grave issues. It is absolutely 
essential, if the President is to be able to do his job as 
the country expects, that he be able to talk openly and 
candidiv with his advisers about i.ssues and individuals 
and that they be able to talk in the same f.xshion with 
him. Indeed, on occasion, thev must he able to "blow off 
steam" about important public figures. This kind of 
frank discussion is onlv po-sible when those who take 
part in it can feel assured that what they say is in the 
strictest confidence. 

The Presidency is not the only office that requires 
confidcntinlity if it is to [unction effectivelv. .\ Member 
of Congress must be able to talk in confidence with his 
a.ssistants. Judges must be able to confer in confidence 
with their law clerks .ind with each other. Throughout 
our entire historv the need for this kind of confidentiality 



V<ilun,« 9 — Number 33 



(1488) 



77.7 PRESIDENT NIXON NEWS CONFERENCE, AUGUST 22, 1973, 
9 PRESIDENTIAL DOCUMENTS 1016, 1020 



PaSSIDENIUl DOCUMeNfS; SICHASO NIXON, 1973 



ACrriON 

Announcement oj Intention To Nominate 
Harry J. Hogan To Be Associate Director jor 
Policy and Program Development. 
August 2 1, 1973 

The President today announced hb intention to nomi- 
nate Harry J. Hogan, of Bcthesda, Md., to be Associate 
Director of ACTION for Policy and Program Develop- 
ment. He will succeed Charles W. Er\ in, who resigned ef- 
fective September 4, 1973. 

Since 1972, Mr. Hogan has been director of govern- 
ment relations for Catholic University, in Washington, 
D.C. From 1971 to 1972, he was engaged in the private 
practice of law, served as a consultant on educational and 
environmental matters, and was professor of law at Dela- 
ware Law School, in Wilmington, Del. From 1969 to 
1971, he was counsel of the House Special Subcommittee 
on Education. 



He was boio on May 2, 19M-, in Newark, N.J. .\fr_ 
Hogan was sjraduated magna cum iaude from Princeton 
University, received his LL.B. from Columbia Law 
School, and received his Ph. D. in American Historv- from 
George Wjishiiigton University. He served in the U..S. 
Navy during World War H, attaining the rank of 
commander. 

From 1947 to 1952, Mr. Hogan was on the legal staff 
of the Tennessee Valley Authority, the Bureau of Land 
Management, and the Bureau of Indian Affairs. From 
1952 to 1961, he was engaged in the private practice of 
law in The Dalles, Oreg., where he was twice elected Dis- 
trict Attorney (1956 and 1960). From 1961 to 1968, Mr. 
Hogan served as general counsel of the Bonneville Power 
.Administration, in Portland, Oreg. ; as Associate Solicitor 
for Water and Power of the Department of the Interior, 
and a5 Legislative Counsel of the Department of the 
Interior. 

Mr. Hogan is married and has three daughters. The 
Hogans reside in Bethesda, Md. 

note: The announcement was released in San Clemente, Calif. 



pri 



THE PRESIDENT'S NEWS CONFERENCE OF 
AUGUST 22, 1973 



Held at the Western White Home 

Secret.ary of State 

The President. Ladies and gentlemen, I have an announcement before 
going to your questions. 

It is with the deep sense of not only official regret, but personal 
regret, that I announce the resignation of Secretary of State William 
Rogers, effective September 3. A letter, which will be released to the 
press after this conference, will indicate my appraisal of his work as 
Secretary of State.' 

I will simply say at this time that he wanted to leave at the con- 
clusion of the first 4 years. He agreed to stay on because we had some 
enormously important problems coming up, including the negotiations 
which resulted in the end of the war in Vietnam, the Soviet summit, the 
European Security Conference, as well as in other areas — Latin America 
and in Asia — where the Secretary of State, as you know, has been quite 
busy over these past 8 months. 

As he returns to private life, we \vill not only miss him, in terms of 
his official service, but I shall particularly miss him because of his having 
been, through the years, a very close personal friend and adviser. 

That personal friendship and advice, however, I hope still to iiuve 
the benefit of, and I know thnt I will. 



' For an c.xch.inge of letters hflween the I'lestrlent and Secretary- of St.itp Ro;.;<-rs, 
see pa;»K 102.^ of this issue. 



(1489) 



77. 7 PRESIDENT NIXON NEWS CONFERENCE, AUGUST 22, 1973, 
9 PRESIDENTIAL DOCUMENTS 1016, 1020 



PJiSlOENTIAL DOCUMENrS: RiCMAJD NIXON, 19/3 



c!l, 111 .1 telephone cull timt I had with liim iiinntrc!;ateiy 
after it occurred, rxpressed great chagrin that he had not 
run a tight enough shop, and that some of the boys, as he 
called thrm, got involved in this kind of activity, which he 
knew to be very, very cinbarrasiing, apart frona its illcgal- 
itv, to the campaign. Throughout I would have expected 
^[r. Mitchell to tell rne in the event that he was involved 
or that anybody else was. He did not tell me. 1 don't blame 
him for not telling me. He has given his reasons for not 
telling nie. I regret that he did not, because he is exactly 
right. Had he told me, I would have blown my stack, just 
as I did at Ziegler the other day. [Laughter] 

Q. Mr. President, I wonder, sir, how much persona] 
blame, to what degree of personal blame do you accept 
for the climate in the White House, and at the reelection 
committee, for the abuses of Watergate? 

The President. I accept it alL 

Q. Mr. President, I want to state this question with 
due respect to your office, but also as directly as possible. 

The President. That would be unusual. [Laughter] 

Q. I would like to think noL It concerns 

The President. You are always respectful, Mr. 
Rather. You know that. 

Q. Thank you, Mr.' President. It concerns the events 
surrounding Mr. Ehrlichman's contact, and on one occa- 
sion your own contact with the judge in the Pentagon 
Papers case, Judge Byrne. 

The President. Yes. 

Q. As I understand your own explanation of events 
and putting together your statement with Mr. Ehrlich- 
man's testimony, and what Judge Byrne has said, what 
happened here is that sometime late in March, March 17, 
I believe you said, you first found out about the break-in 
at the psychiatrist's office oPMr. Ellsberg, that you asked 
to have that looked into, and that you later, I think in late 
April, instructed Attorney General Klcindienst to inform 
the judge. 

Now, my question is this. If while the Pentagon Papers 
trial was going on, Mr. Ehrlichraan secretly met once with 
the judge in that case, you secretly met another time the 
judge vi/ith Mr. Ehrlichman. Now, you are a lawyer, and 
given the state of the situation and what you knew, could 
you give us some reason why the American people should 
not believe that that was at least a subtle attempt to bribe 
the judge in that case, and it gave at lea.st the appearance 
of a lack of moral leadership? 

The President. Well, I would s.iy the only pnrt of 
vour statement that is perhaps accurate is that I ?.\n a 
lawyer. Now, beyond that, Mr. Rather, let me sp.y that 
with regard to the secret meeting that we had with the 
judge, as hi; said, I met with the jiulge briefly — after all. 
J had .-ippoiiited him to the position--! met him for per- 
haps niie niiiiutc oirtsidi- my door here in lull view of the 
uh'il'- White House Staff, .uul everybody else who wanird 
til -i-c. I .■■.~kod iiim how he liked his jnl), wc did not discus.- 
the c i-e, .Old lu: \si'ni on for his laeetiiig witl: Mi. 
Kl.rli.lr- ... 



Now, why did the meeting with Mr. Ehrlichman cake 
place? i'.ccause we had determined that Mr. Gray could 
not be confirmed, as you will recall. Wc were on a search 
for a Director of the FBI. Mr. Klcindienst had been here, 
and I asked him what he would recommend with regard 
to a Director, and I laid down certain qualifications. 

I said [ wanted a man preferably with FBI experience, 
and preferably with prosecutor's experience, and prefer- 
ably, if possible, a Democrat so that we would have no 
problem on confirmation. He said, "The man for the job 
is Byrne." He said, ''He is the best man." I said, "Would 
you recommend him?" He said, "Yes." 

Under those circumstances then, Mr. Ehrlichman called 
Mr. Byrne. He said: Under no circumstances vvUl we 
talk to you — he, Ehrlichman, will talk to you — if he felt 
that it would in any way compromise his handling o[ the 
Ellsberg case. 

Judge Byrne made the decision that he would talk to 
Mr. Ehrlichman, and he did talk to him privately, here 
And on that occasion, he talked to him privately, the case 
was not discussed at all — only the question of whether or 
not, at the conclusion of this case, Mr. Byrne would like 
to be considered as Director of the FBI. 

I understand, incidentally, that he told Mr. Ehrlichman 
that he would be interested. Of course, the way the things 
broke eventually, we found another name with somewhat 
the same qualificatioas, although, in this case, not a judgc- 
Iji this case, a chief of police with former FBI experience. 
j Now, with regard to the Ellsberg break-in, let me ex- 
I plain that in terms of that, I discussed that on the tele- 
I phone with Mr. Henry Petersen on the 18th of April. It 
was on the 18th of April that I learned that the grand 
jury was going away from some of its Watergate investiga- 
tion and moving into national security areas. 

I told Mr. Petersen at that time about my concern about 
the security areas, and particularly about the break-in as 
far as the Ellsberg case is concerned. 

And then he asked me a very critical question, which 
you, as a nonlawyer will now understand, and lawyers 
probably will, too. He said, "Was any evidence developed 
out of this investigation, out of this break-in?" .And I said, 
"No, it was a dry hole." He said, "Good." 

Now, what he meant by that was that in view of the 
fact that no evidence was developed as a result of the 
break-in— which is, incidentally, illegal, unauthorized, as 
far as I was concerned, and completely deplorable — but 
since no evidence was developed, there was no require- 
ment that it be presented to the jurv- that was hearing the 
case. That was why Mr. Petersen, a man of impeccable 
credentials in the law cnforce.i'ent field, did not, at that 
time on the !8th, at a tirii- that I told him what I had 
known about the Ellshei-g hre.ik-in, say, "Let's present it 
then to the grand jiuy," because nothing h.ad been ac- 
I eoniplished, nothing had been obtained that would taint 
\, the rase. 

^"^t u.is aporo\iniatelv 10 d.iys later that Mr. Rleindienst 
I une ill .".ml said thai, after ,i review of the sltu.ition in the 
pi. i,(( utor's <'ITi(c ill \V.i.shin^ton, in which Mr. Pctcr=e:: 



(1490) 



77. B JOHN DEAN TESTIMONY, JUNE 25, 197Z, 3 SSC 1019-20 



1019 

result of this information coming to his staff and had directed Henry 
Petersen to take charge and leave no stone imtiirnod; secondly, that he 
had accepted requests from Haldeman, Ehrlichman and Dean to be 
placed on leave of absence. The President said virtually nothing about 
the statement and after reading it told me to talk with Lcn Garment 
who he said was also preparing a draft statement. 

After departing from the President's office, I called Mr. Garment 
and told him that the President had requested I give him my input on 
the draft he was developing. Mr. Garment said he would co'me by mv 
otnce, which he did. I gave him a copy of the draft statement, and he 
told me that he and I were thinking along similar lines, that is. that 
Haldeman, Ehrlichman, and Dean had to resign. I told him I was ready 
and willing but only if Haldeman and Ehrlichman resigned as well. 

Call From the Presidext — April 17 

The next time I heard anything about the draft statement was on 
April 17, when the President called and informed me that he had 
decided not to request any resignations until after the grand jury took 
action and that he would issue a statement very shortly. That statement 
ot April 17 is a matter of public record. I would o'nlv like to point 
out one or two items about the statement. The President said that on 
March 21, as a result of serious charges which came to his attention, 
some of which were publicly reported, he began an intense new in- 
quiry into this whole matter. I would merely refer the committee's 
aKention back to my earlier testimony as to what the President did 
after my report to him on March 21 as to the T\Tiite House's deep 
involvement in the coverup. In short, the President commenced no 
investigation at all. Bather, the President. Haldeman, and Ehrlichman 
commenced to protect themselves against the unraveling of the 
coverup. " 

Secondly, I would also like to raise the paragraph that had been 
put in the statement that no one in a position of major importance in 
t le administration should be given immunity from prosecution "While 
this statement went virtually unnoticed in the public, it was very evi- 
dent to me what the President was saving: Dean will not be a witness 
^g-'^'"^^ anyone so the Government might as well stop dealing with him. 

The Deax Sc-\pegoat Statemext axd Reqttested Kesigxatiox 

On Jlonday night, April 16, I had learned that the President had 
informed the Government that he allegedly had taped a conversation 
in whicli I had told him I was seeking immunity from the Government 
in exchange for testimony on Haldeman and Ehrlichman. I have no 
recollection of ever telling the President that T was so nciiotiatiu" with 
the (xovernment and the President told me very specificallv that he 
did not want to do anything to interfere with any negotiations I was 
lia\ in-T with the Government. 

"Wlien T learned this from my attornev I su£:<rested thar he request 
that the Go\ ornment call for the tape and listen to the tape because I 
tol«l hiin It must he a reference to the meeting I had with the President 
on Apiil !.-> and if that conversation were taiied the Government would 
liave a pretty oond idea of the dimensions of the case thev were doalin-'- 
with. T was referring to the fact that the President had mentioned 



(1491) 



77.8 JOHN DEAN TESTIMONY, JUNE 25, 2973, 3 SSC 1019-20 



1020 

the million dollar conversation and tlie fact tliat he liad talked to 
Colson about clemency for Hunt. I do not in fact know if such a tape 
exists but if it does exist and lias not been tampered with and is a com- 
plete transcript of the entire conversation that took place in the Presi- 
I dent's ofiBce, I think that this committee should have that tape because 
I I believe that it would corroborate many of the things that this com- 
[ mitte e has asked me to testify about. 

When the President issued his statement on April 17 in which he 
was quite obviously trying to affect any discussions I was having with 
the Government regarding my testimony by inserting the phrase 
therein regarding "no immunity" and combined with the fact that he 
had requested that I sign a virtual confession on Monday of that week, 
I decided that indeed I was being set up and that it was time that I 
let the word out that I would not be a scapegoat. Accordingly, on April 
19, 1 issued a statement to that effect. 

After my statement of April 19, 1 had virtually no contact with the 
members of the "White House staff. I did have occasion to speak with 
Mr. Garment however. I recall asking him who had placed the '"no 
immunity'" paragraph in the President's statement. Garment said wliile 
he did not know for certain, he believed that Ehrlichman had placed it 
in the draft because it had not been there in the earlier drafts, but was 
in the draft that emerged from Ehrlichman's considerntion when 
Ehrlichman went over the final statement with the President. 

On April 22, Easter Sunday, the President called me to wish me a 
Happy Easter. It was what they refer to at the "White House as a 
"stroking" call. 

On April 30, while out of the city, I had a call from my secretary in 
which she informed me that the wire services were carrj-ing a story 
that my resignation had been requested and accepted and that Halde- 
man and Ehrlichman were also resigning. 

j\Ir. Chairman, this concludes my rather lengthy statement. I apolo- 
gize again for its length, but I have sought to comply with the com- 
mittee's request to provide the committee with a broad overview of my 
knowledge of this matter. 

Senator Er\ix. "tt^ithout objection on the part of an}- member of the 
committee, the chairman at this time will admit into evidence all of 
the exhibits identified by the witness in the course of his testimony 
except exhibits Nos. 34-5, 34-6, 34-7, and 34-8 whose admissibility will 
be considered later by the committee. 

The committee will stand in recess until 10 o'clock tomorrow 
morning. 

["WTiereupon, at 6:05 p.m., the committee recessed to reconvene at 10 
a.m., Tuesday, June 26, 1973.] 



(1492) 



78. On April 19, 1973 John Dean issued a public statement declaring 
in part that he would not become a scapegoat in the Watergate case. He 
added that anyone who believed that did not know the true facts nor 
understand our system of justice. Following Dean's statement, Stephen 
Bull of the President's White House staff checked with the Secret Service 
agent in charge of the White House taping system to determine if Dean 
knew about the existence of the taping system. The agent replied that 
as far as the Secret Service knew Dean had no such knowledge. 

Page 

78.1 John Dean testimony, 3 SSC 1020 1494 

78.2 New York Times , April 20, 1973, 1, 11 1495 

78.3 Stephen Bull testimony. In re Grand Jury , 

Misc. 47-73, January 18, 1974, 2544-46 1496 

78.4 Louis Sims testimony. In re Grand Jury , 

Misc. 47-73, January 17, 1974, 2447-48 1499 



(1493) 



35-904 O - 74 - pi. 3 -- 27 



78.1 JOHN DEAN TESTIMONY, JUNE 25, 197Z, 3 SSC 1020 



r 






1020 

the million dollar conversation and the fact that he had talked to 
Colson about clemency for Hunt. I do not in fact know if such a tape 
exists but if it does exist and has not been tampered with and is a com- 
plete transcript of the entire conversation that took place in the Presi- 
dent's office, I think that this committee should have that tape because 
I believe that it would corroborate many of the things that this com- 
mittee has asked me to testify about. 

When the President issued his statement on April 17 in. which he 
was quite obviously trying to affect any discussions I was having with 
the Government regarding my testimony by inserting the phrase 
therein regarding "no immunity" and combined with the fact that he 
had requested that I sign a virtual confession on Monday of that week, 
I decided that indeed I was being set up and that it was time that I 
let the word out that I would not be a scapegoat. Accordingly, on April 
19, 1 issued a statement to that effect. 

After my statement of April 19, 1 had virtually no contact with the 
members of the White House staff. I did have occasion to speak with 
Mr. Garment however. I recaU asking him who had placed the "no 
immunity" paragraph in the President's statement. Garment said while 
he did not know for certain, he believed that Ehrlichman had placed it 
in the draft because it had not been there in the earlier drafts, but was 
in the draft that emerged from Ehrlichman 's consideration- when 
Ehrlichman went over the final statement with the President. 

On April 22, Easter Sunday, the President called me to wish me a 
Happy Easter. It was what they refer to at the White House as a 
"stroking" call. 

On April 30, while out of the city, I had a call from my secretary in 
which she informed me that the wire services were carrying a story 
that my resignation had been requested and accepted and that Halde- 
man and Ehrlichman were also resigning. 

Mr. Chairman, this concludes my rather lengthy statement. I apolo- 
gize again for its length, but I have sought to comply with the com- 
mittee's request to provide the committee with a broad over\4ew of my 
knowledge of this matter. 

Senator Ervtx. Without obiection on the part of any member of the 
committee, the chairman at this time will admit into e/i-idence all of 
the exhibits identified by the witness in the course of his testimony 
except exhibits Nos. 34^5. 34-6, 34-7, and 34-8 whose admissibility will 
be considered later by the committee. 

The committee will stand in recess until 10 o'clock tomorrow 
morning. 

[Whereupon, at 6 :05 p.m., the committee recessed to reconvene at 10 
a.m.. Tuesday, June 26, 1973.] 



(1494) 



78.2 NEW YORK TIMES, APRIL 20, 1973, 1, 11 



DEAil IS RESOKED 



In .■>, rmjor reversal of hi; 
previoui p-jiixn, r.ir. Xi-'ij--,' 
said on Tues'Jay that he woulij 
permit hi3 aides to testify be-i 
fora a Senate committee in-i 
;gir.g cf. 
ional Commit- 



Znr.i jur.' zr.i by 
I'^lecc CO— _— it;e-?. 



■^iegler Disputes - Hi3^°=:^^ ^^ 
...SiatemenLonTryin; 
- to Find ScaD3,?Qat 



fte was tr>m3 to v.-ork, "SutJ^'y t'"'- 

.T.ojt people Sf^ry fS be r\:.-r;.-..';i-i^''''T • 

ercur.J in a srato n: panic." j "it i: rr.y I-Tir. l-o.veve.-. tirit. 
Mr. Zi-::;ier v/?.5 cicoiil-r.atiire'jit'noie truly :.-.".-?.-ei;sd :r. •■,ee;.-.ii 

cl'^irin;; the brreii.'is, n.r..-i eve,-; j that the V/ater.:;ite ciie :iC3.T.-: 

said he loved h:5 job. 3ut heicletely aired ar.d t.-.it j'u;-J:ei 

. -~~ J juill be dor.2 -.viil be car;; j.l> 

I seemed to faetra./ nervousness i •^' riravvi.-i^ any c;nc;-.iilc-r.3 a^l 



when ho ".'nisspoke" hi;r_se!r, tO| 



toe -headquarters last June and ji^e his phrase, three tlxes in| ^---Y ,? 

J ordered that r.o i^ single seniencs v/hen cisc-^u-: -•'= >-~ov.-n tsn; 



to the guilt or ir,-.-ol-.-?me=^ 

0.-3 ii.-.t:! ail the ::;l;: 



that he 



najor AcL-ninistatiOtt , QfficiaL 

be pen i=:nuaity irotn prose- I ^j.^^ ,^1,^ ^^^_ Dean- had 
■cution. _ jbesn treated as he had, one 

■ -. -IkO New Sacking Giren i Administration ofiicial, not ia 

Ithe White House, suj'ested 



Mr. Dean's stock began "to | that the NLxon "inner ciicls felt 
-drop- : immediately — aftec — thS-lbatrayed by what he called Mi 



-today all show of 



Ey-R-W. APPLE Jr. 

- 57CcLil to Tir .V«*- Y— ]t -r-t, 

WASHINGTON'. Aorii- IS . , -- ,_,,„.-, , . 

Tlie Whirp Ha,,^ ;u,„.,„_^ ?reside.^t's stata.T.enE.- .wnen |Dean s ;nadeq-L:ate imt-.al in- 
nie White House abandoned zi„,e. ^fused to repeat v«'>Satio.->, cor-ducted last sum- 

suppon:. ,. ^ , ,, :,. . 'ir.er. 

pirher e.'ccressions of Mr. Nl<-,j .„^ ^^„,j^ confirrzed 'today 

on-s support 4or-^ha. counsel., I tfijf Mr. Dean had never sub- 
Furthermore, the President had initted a written report; He 
made it clear Lhat Mr. Dean^'said that "he did not kr.owi 
T/as mvolved in neither ' the ^w+'eti^er the orai report -.vasi 
latest investisatio.-, of the case delWered direcUy to Vo-. Ni;<oa: 
.nor ip. r.esotiations ^it.h.tae..°£^'^"'"3i' ^" ••"'=^^'^- 



;:<on's cor.re.-er.ce; ^^'^ 
with a groun of Jewish leaders.; testify u=der oa-u'i -Ji his O0-31 

behalt. ^^ 

' "Fta2l!7, some rtay hbpa on 

thick thai I will beccrts 2., 

scapegoat, in the \Vater5-i:e'i 
I case. Anyone who believes L-.lii 
[caes not kno-,w me, teo-;; 
1 tr.;; facts, r.or u-ider 

•syste^i ot justice." 

1; Mr. Ziegler coiild shed no; 

light on who the "so— .e" to' 



counsel, John.W. Dea.T 3d. who 
Kas been accused or' complicity 

in the Watergate case. 

- Mr. Dean, a 34-year-old law- 
yer -who conducted the inves- 
tigation on v.'hich President 
Nb:on based his original denials 



ia our I 



who.-n Mr. Bean reterrei mii-t: 
;'be. Mr. Bean was unavailable. I 



Senate- committee over new 



of White House involvement in ^^'* '''''"' " \. d 

In respfliis" -ta a- oarrsss. Pi 



th6" break-in, issued a state- 
ment" . this , morning .declaring, 
that no one would succeed in. 
making him "3. .scapegoat." 

Mr. Dean, heretofore consid4! 
ered one of the _ stanches; 



further questions today. Mr 
Z;eg!er ' e.tpressed " no -enthu 
siasm for him at alt ■ ■ '- 

Had M r. ■ De an .been .fired? 
No.-Had he resTgned? No. W-is 



"team players" in the AdminU^'"- '^ ^"^ °"'" '°°='>'- 



Named by Magnider - r • 
- Mr. Dean was named by Jea 
Stuart Magruder i.". the conver- 
sations with Federal prosecutors 
on Saturday as one of the par- 
ticipants in a meeting in Fe'cH 
ruary- 1972, in which the V.'ater-; 
gate bugging and a poiiiiz::! es-. 
pionage caiP.paign w^ere piar.r±aL. . 

Early tihs week, Mr. Deia 
hired a new la-v^e- P.obert_C., 




ing neither Mr. Ni.xor; nor tha '■■'•'^' °-'^ Foinci«r.z.icB.=i ->«'*• ^^^ -^ ■^^- y^is Presidential!; 
press office in advance. Instead; '.as'.-.ed .just what Mr. Dean wasi campaign. Mr. Dean a,'-.d"Mr.ji 
his secretary, her voice tr^m-l doing these days. ' '--"-"-- I McCandless-nLirried, aJid sub-t 
bling. phoned it to new3oac-E~'~""-'^ '" his office." he re-i sequenUy divorced, dau?htersli 
offices new^oapes p,jgj__^ tjo^.j. u^^^ ^..^^f_ ues'ro'. the late Senator Thomas C. 

■ ■ _ ' -. 'i;. doing. Attending to business, I. Kennings of Missouri, but re- 

Ziegler Rebukes Dean- — + --assume" — here he chuckled, maiaed close. 



. Ronald L. Ziegler, the V.'hitiT' 
House ■ press secretary, api- 
peared for the regular mom] ' 
ing news briefing about an 
hour later and reiterated his 
statement of yesterday that he 
would answer no question 
whatever about the Watergate 
episode. 

Then, in response to the first 
question, he rebuk-M 1.'.-. De.in. 
d::t!-ring th.it ?,rr. Ni.io.n' 
statement on Tuesday "made it 
quite clear that liie proc: 
nr>v/ under v,-ay is not on^ to 
find .-.capc:;oits but ore to ];et 
at the truth." 



audi'oly — "business of some! - Mr. Dean has told-friends in . 

sort." ._ the- la-st two da.vs that he isll 

Finally, he was asked whether' ready to implicate othe r Wh iie^' 

T.Ir. Dean v/as still a function- House aides in testimon.v to 

ing member of the staff.; the grsjid jury, and his refer- 

v.'hether he was still trusted,! ence Ln his statement to his 

v.-heLiitfr nre was still given re-1 tleterrrication to a-.-oid being al 

sponsible tasks. Mr. Ziegler re-'l scapegoat bore Lhis out . 1. 

p'icd that he could say- only j One faend-ackr.owle-lged to-j 

that Mr. Dean had not resigned |day that Mr. Dean's status wasj 

or been dismissed. " ~||awkward. b'Jt commented.) 

.. ■ . J ^ . ,^-n ' "He's still counsel to the Presi-t 

'Isolated, Cut OiP |. ^^^^^ j^^^ t,^,^^.^ t^..,^ ^,^^y. 

Ai'.other White House staff! his desk or an>-th;n!:." 
mi.'r,''jer said. "Joh:; has been i .\;r. U:an'.> statement i:\ full 
isolitcd, cut off." iiwas as follows: 

Ihj ni.ood at the White,! -To d.ite I have refrained 
iloiiie. i:i-.nfar as it coulJ b'.-'lfrom m.iktng any public com- 
c.;iul:;i^.'d from t!ie few jLiniijr!M7;e,-it w-hatjoevcr alvmt the 
aides willin-.; to talk, w-'.s one'jW.^tersite i:as--. I si^all con- 
• df apnr-.'iienjion. On--- mile said,"t:nu'; ih.'.t poi:.:y i:\ t.h.' fu'-uri" 

livec.-uis-j 1 he!i.:-ve tl'-.U rlvr ca^e- 
Iwill he fully and i-i^-Jy hin.!!r.-d| 



(1495) 



78, Z STEPHEN BULL TESTIMONY, JANUARY 18, 1974, IN RE GRAND JURY, MISC. 



47-73, 2544-46 



r 



about which you testified with any person? j 

A. No, sir. i 

i 

Q, Pardon me? 

. ! 

A. No, sir. i 

Q, You just went back and you had no discussion about | 

i 

the fact of your testifying or about any of the substarice about j 
vihich you testified? 

A. Well, I had discussion that I was here testifying 
two days ago, but in accordance v;ith instiructions from counsel, 
I did not discuss sjny elements of my testimony. 

MR. ST. CLAIR: If Your Honor please, I think I 
should disclose for the Court that I said to him yesterday that 
I thought he did a good job. If that is discussing it — 

THE COURT: All right. Thank you for bringing that 
to our attention. 

Let us proceed. 

BY MR. BEN-VENISTE: 
Q Mr. Bull, did there come a time when you had a 
conversation with Agent Sims immediately after John Dean 
announced in a report carried widely in the press that he would f 
not be made a scapegoat in the Watergate matter, in which you j 
asked Mr. Sims whether Mr. Dean to Mr. Sims' knowledge Knew : 



about the White House taping system? i 

{ 

A. I have a vague recollection of such an inquiry, , ^ 

i 

althouEh I cannot fix a date as to when it micht have taken j 

(1496) 



78.3 STEPHEN BULL TESTIMONY, JANUARY 18, 1974, IN_RE GRAND JURY, MISC. 



47-73, 2544-46 



place. 

Q You remember having such a conversation? 

L The news account that appeared yesterday did trigger 

a vague recollection. 

Q, The nev;s account of Mr. Sims' testimony? 

A. Yes, sir. 

Q, And do you recall initiating that request for 

Information of Mr. Sims on your ovm or did someone ask you to 
make such an inquiry? 

A. I really don't have any direct recollection as to 
why I asked that. 

Q, You don't know v;hy you asked that question of 

Mr. Sims immediately after Mr. Dean made his "I will not be a 
scapegoat" statement? 

A. I don't have a direct recollection of precisely — 

Q, V/hat does direct recollection mean, iMr. Bull? 

Do you remember anything about it or not? 

A. A direct recollection in my interpretation would be 
do I remember precisely why I asked the question, where I asked 
the question and what precisely I asked. 

Q, 1 didn't ask you to be that precise. 

! 

THE COURT: Walt a minute, counsel. Keep your { 

voice down. ■ 

1 

BY MR. BEN-VENISTE: ' I 

Q Do you have any recollection of the circumstances 



(1497) 



78.3 STEPHEN BULL TESTIWJIY, JANUARY 18, 1974, IN RE GRAND JURY, MISC. 
47-73, 2544-46 . 



25»<6 



under which you asked that question, Mr. Bull, whether It be 
precise, whether It be vague or hazy? 

A. My vague recollection Is that I asked the question 
out of pure curiosity. 

Q Then you don't have a vague recollection or any 
other kind of a recollection of discussing whether you sought 
to make such an inquiry of Mr. Sims with anyone? 
A. That is correct. 
(I And why did you have this sudden curiosity? 

MR. ST. CLAIR: If Your Honor please, I object. 
THE COURT: I will overrule the objection. 
THE WITNESS: The question was, and why would I 
aslc that question? 

BY MR. BEN-VENISTE: 
' 4 Why did you have that curiosity at that time? 
A. I sun basically a curious person. 
^ Did you ask anyone else the same question? 
A. Since I don't have a direct recollection of the 
precise question there, I don't recall asking anyone else. 

MR. BEN-VENISTE: Your Honor, may the witness be 
Instructed to answer the question without his own modifying 
"precise" and "direct" prerequisites? We are asking for his 
recollection in broad terms here. 

THE COURT: Well, give us your best recollection. 
If you want to explain emything, I will let you explain. 



(1498) 



78.4 LOUIS SIMS TESTIMOl^Y, JANUABY 17, 1974, IN RE GRAND JURY, MISC. 2447 
47-73, 2447-48 



& Never. 1 nev«r went back s aecoad tl3». 

Q But yota wer« q«lte s^are that St, Bull 5sl the 

ta © checked :mt ^actr^ thl» i;«rl3d7 

A Yea, nix. 

I Q la It not « fact* %«nt Sia», ttat ycu hav« bad 

I a esnvarsntids with »r. Sail lianediatal^ rollaaiti^ Jdha Ce»*s 
i^jhllc aaaCTi TWWgit in wiiicb he said fae «t»ld osl. be aate a 
se«3^53at^ la wt^teft ar. Ball laqa^rcd af ytm aa t» v i m U m r 
itr.Cam tow» 9f tiw tipping sQratca? 

A 7e3 sir — X am ae* 790 r«id t)»a» iT niiiniti ^pzlta 

THS (^6R¥s %3», iMit a BdLao^ ~> md tbaSs 
qoaatlan asain* plaaaa. 

(w ijwamAj M the R«pedrt«r rea^ tba ^teatlao f^ 

a» f3ll9MI» 

'Xb it B9t a faet, Agcot 31aa» thai jras toav« had 
• e ja fta aai lan mth Hr* &3II !u« i il ata Ij- fallawli^ 
John i>HM^e ^Ailftlie aassaaeflatnt In whieb he a^d 
r» ttsnOA not ta aada a seao«s»at, la «bleh ap jsull 
Inqalrad 3f 73a aa to wbct?«r at. l>e» kxaew sf tha 
taping a7«t«si?'*) 
TrS COCBTt Allrlght. 

Tns «rrjJE33j Yea olr - may I »ay thla 1»cfta>« I 
STtsatr qowstiwja far which yaw ara rrfrrrl^ to docmwnta, 
I haven *t looked at theae dsccsents thoarar^sMy slnee they 



(1499) 



24A8 



78.4 LOUIS SIMS TESTIMONY, JANUARY 17, 1974, IN RE GRAND JURY, MISC. 



47-73, 2447-48 




tfere «ritt«tt« Xbtlim*, but 7«s - b«iical27 ttia^ is rtstat« 

Q And vhst did yxra Inf ara We, Bull? 

Jl Xf Z recall egn^ttS^, Z Infacved hla tto* «e laid 

b€«> advised la tb» Saorat S«p<rtea to»y waold be kaeplns 
tbla to a 12a&tad mari»«r of peopla - that tba ti^plas sjrstaB 
etiatad - aad that ba mAgat rta^ anorad firaa ttar Sacrat Scrrlea 
alda ttet Up. Oaan » angraaa alaa kMW - oVbet ^mb Sr. BslX 
and ar. SisttflPflald, tat X «9Bldik't apaidr far aogrsaa that 
ha adgbt baaa told. 

q Sm did tfava eaaa « tiaa aa sr ^oo* tba 22ad 

9f iTjwiiHiH XS73 -- Z aaasxTr — <^d tbora eona • tlaa aos 
ar lAsa^ flLwaidj ag 26 1S73» that yaa bad a u jiiwu'a a tljn 
altb Ar. Sttiibaa Ball, ta wMteii ba aatad r» ^^ tSia dafea 
ifbM tba Jftmt 3*000 raaordcr^ axbittt 60 i» evidaoe; 
naa pxovidad ta »M IRasdat 

A Z eaB*t maortT tba data ba artanl lt» bi^ X 

tell 73M tbat it aaa vmrn tlaa la tba wmtb 9f 
and tbat It wm •> tbat waa baafr^lly tba 

Q Lei aa abaw TOR tbia exhibit iiid«b Z will have 



(VhapaiQsaa Spa^Uil Proaeetitap'a exMbit 154 

«aa sarkad fsr Identlfleatlao) 
— Ifl. SE3f VEazSTSt Ve are nat offerisff it^ yet^ 

73or Bonse* 

THE COOBTt All Z'lj^ 



(1500) 



79. On April 19, 1973 the President met with Richard Moore. They 
discussed the President's public statement of April 17 and the fact that 
on March 20, 1973 Dean and Moore discussed Dean's telling the President 
about the Watergate matter. Moore has testified that the President 
said that he had told Dean that to raise money for the Watergate 
defendants was not only wrong but stupid. Moore told the President 
that Dean had shown him a list of individuals who might be indicted, and 
that Dean had said that Ehrlichman's problem might be involved with the 
Ellsberg case. The President responded that the White House investigation 
of Ellsberg had to be done because J. Edgar Hoover could not be counted 
on as he was a close friend of Ellsberg' s father-in-law. 



Page 

79.1 Richard Moore testimony, 5 SSC 1961-62, 

1982-83 1502 

79.2 President Nixon daily diary, April 19, 1973, 

Erfiibit 50, In re Grand Jury , Misc. 47-73 1506 



(1501) 



79.1 RICHARD MOORE TESTIMONY, JULY 12, 13, 1973, 5 SSC 
1961-62, 1982-83 




1961 

Mr. Lenzxer. Well, did he say anything else ? 

Mr. Moore. I think I told you tliat 1 cannot recall whether at that 
time, having now learned about the break-in and having heard about 
it, whether Ellsberg was synonymous with the break-in or whether 
I would now attach that to it. I have been puzzled about it and I will 
acknowledge that I don't recall whether — Mr. Dean was often cryptic 
and I don't remember that he said anything more than Ehrlichman's 
trouble may be Ellsberg. 

Mr. Lexzner. The trial of that case was on that time. Did you ask 
him what Ehrlichman's relationship to Ellsberg was? He surely was 
not on trial with him. What was the relationship! 

Mr. MooRE. I do not know. As I say, it is possible that he mentioned 
it but I carmot pin that down and tlus would have been April 14. 

ISh: Lexzxer. Well, did you ask him any questions on that subject 
of Ehrliclmnan's relationship to Ellsberg? 

Mr. Moore. Xo, no, I was — no. 

"Mr. Lexzxeb. Did you tell anybody about that matter? Did you tell 
the President about it, the possibility of Mr. Ehrlichman's involve- 
ment with Ellsberg, which was rather vague in your mind ? 

Mr. Moore. Yes. 

Mr. Lex'zxer. Did you tell the President ? 

Mr. Moore. Yes. 

Mr. Lexzxer. When did you tell the President ? 

Mr. Moore. On August 19 — pardon, April 19. 

Mr. Lexzxer. About 5 days after you learned of it, is that correct? 

Mr. Moore. I think it was that soon, yes. 

Mr. Lexzxer. 'Wliat did you tell the President and who else was 
present? 

Mr. Moore. I was the only one with the President, and it was 2 days 
.after his April 17 statement and we had a discussion about it, we had 
a conversation and that is what it was. 

Mr. Lenzxer. Well, do you recall what specifically you said about 
Mr. Ehrlichman's involvement with the Ellsberg case? 

Mr. Moore. Yes. Well, you say specifically. 

Mr. Lexzxer. Well, to the best of your recollection, Mr. Moore. 

Mr. MooRE. I am trying to i-ecall and I want to be careful about the 
circumstances. I told him that Mr. Dean had shown me this list, and I 
recalled the names from memory, I did not cover them all, I mentioned 
the names that I remembered, and I simply said that I did not under- 
stand it or I did not understand how realistic it was. In discussing the 
names I said Dean had told me that apparently in his opinion, Mr. 
Ehrlichman's problem might be involved with the Ellsberg case. 
Wliether by then I knew about the Ellsberg break-in, I do not know. I 
do not think I said break-in. I think I said Ellsberg or the Ellsberg 
case. 

Mr. Lexzx-er. What was the President's reaction to that? Wliat did 
he say to you at that time? 

Mr. MooRE. He said that, of course, investigation of Ellsberor had 
had to be done because Mr. Hoover could not be counted on doing it 
because Mr. Hoover was a close friend of Jlr. Ellsberg's father — 
father-in-law. 

Mr. Lexzxer. Father-in-law, yes, sir. Go ahead, what else did he 
say? 



(1502) 



79.1 RICHARD MOORE TESTIMONY- JULY 12, 13, 1973, 5 SSC 
1961-62, 1982-83 



L 



1962 



_ Mr. Moore. That is all he said. 

" Mr. Lenzneb. Well, what relationship did that have with Mr. Ehr- 
lichman's involvement with Mr. Ellsberg? Did he tell you that Mr. 
Ehrlichman had an investigation conducted by this so-called Plumb- 
ers group because Mr. Hoover could not be relied upon himself? 

Mr. MooBE. Well, I am not — I was not a student of the Ellsberg case 
and I do not remember the dates or the procedures. The question was 
that, the point was that, the White House had set up a security opera- 
tion to investigate Mr. EUsberg's activities in leaking top-secret docu- 
ments and possibly giving them to a foreign embassy of the other 
great superpower, and that the President said in view of the fact that 
Mr. Hoover would not undertake this investigation, the White House 
undertook it, and he did not — I think that was about all he said. 

Mr. Lenzner. Did he say that he-knew that there had been a break- 
in of Dr. Ellsberg's psychiatrist ? 

Mr. MooRE. No, he did not. 

Mr. Lenzner. Was it your impression that he did know? 

Mr. Moore. I have long since learned not to try to draw impres- 
sions from the President in that fashion., I did not say anything about 
it. 

Mr. Lenzner. Now, are you aware of the fact that during Mr. 
Richardson's confirmation hearings on May 22, in response to a ques- 
tion from Senator Bvrd, Mr. Richardson said the President and he 
had spoken on Sunday, April 25, and the President told him he had 
found out about the break-in on April 25. Were you aware of that 
testimony ? 

Mr. MooRE. No. 

Mr. Lenzner. I have no more questions at this time, Mr. Chairman. 

Senator Ervin. The committee will stand in recess until 10 o'clock 
tomorrow. 

[Wliereupon at 4:55 p.m., the committee recessed to reconvene at 
10 a.m., Friday, July 13, 1973.] 



(1503) 



r 



79.1 RICHARD MOORE TESTIMONY,, JULY 12, 13, 1973, 5 SSC 

1961-62, 1982-83 

1982 

Mr. Moore. All right, either late the 19th as I testified or early on 
the 20th so it was quite fresh in my mind when we met with the Presi- 
dent, in the early afternoon of the 20th. 

Mr. Thompson. What did he tell you about what Hunt was doin^ 
then? 

Mr. MooRE. He didn't. He just said that if he didn't get this money 
by Wednesday, the 21st, he started out by saying and he wants it be- 
fore, he wants it deposited or put into his account or something before 
he gets sentenced, in fact he wants it by Wednesday, that would have 
been Wednesday the 21st because the sentencing was on March 23, 
and 

Mr. Thompson. Is this new Hunt situation the thing that finally 
caused you to tell Dean what you told him? 

Mr. MooRE. It was the fii-sfc, penetrating, illegal, clear situation 
because, first of all, a demand, and the money amount that he men- 
tioned was enormous, I don't remember the "numbers, I have heard 
since that it was in excess of $100,000, and that it had been communi- 
cated to Dean, he didn't tell me who commimicated it to him nor did 
he tell me what the nature of it was. 

Now, I had a pattern with Mr. Dean, as I said, who was very, who 
always had been very restrained in giWng me any details and that 
he was doing that for my benefit and I appreciated it. But I had a 
habit of not probing because I got nowhere, I got turned" off. In this 
case I didn't have to probe, I already was aware that something was 
going on, and I had thought of it in terms of possibly committing peo- 
ple or outside people, still didn't believe it had reached the WTiite 
House, that here was a case where this was coming, this blackmail 
effort was being aimed at the White House and the information, what- 
ever it was, was going to presumably involve the "White House and 
I said no matter what he says it can't be worse than getting into a 
blackmail. 

Mr. Thompson. All right, did you ever talk to the President your- 

If about these matters? 

Mr. Moore. Yes, sir. 

Mr. TnoifPSON. When? 

Mr. Moore. I had a conversation with the President about that on 
April 19. 

Mr. TnoarpsoN. All right. 

Mr. Moore. By the way, I had five meetings with the President and 
I have got the dates in mind, you know, in this period so this was 
April 19. 

Mr. Thompson. All right. 

Mr. Moore. Five, and ^vith Dean and this one is a later one, April 19. 

Mr. Thompson. Tell us about the conversation you had with the 
President on April 19. 

Mr. Moore. "Well, when I came in to see him, he had issued his 
April 17 statement that serious new charges had come to his atten- 
tion, and so on. So when I came in I said, and he had said that they 
came to him March 21, I said "Well, that was" — I paid him a com- 
pliment about the statement in terms of what the reactions I had 
heard and I said "I note that March 21 date. I, John Dean, must 
have been the source of those charges," and he said sometliing to the 
effect "Oh, did you loiow about tliat" and I said "Yes." I said "After 



(1504) 



L 



79.1 RICHARD MOORE TESTIMONY, JULY 12, 13, 1973, 5 SSC 
1961-62, 1982-83 ^ ' 

19S3 

we met with you the day before John and I talked about it," and 
I said "I urged him to go in and tell you," and he said, "In fact he 
told me you called him that very night." He said "Yes, I did," and 
I said "Now the thing that got me committed was that blackmail 
business with Hunt, did he tell you about that?" He said "Yes. yes. he 
mentioned that, that is what he said," and he said "Imagine," and 
again no quotation marks please, I have to give you my recollection, 
and he said, I think, "Imagine" or "just think of that," he said "I told 
him it was not onlv wrong but stupid. That you can't do that. First 
of all the demands never stop" and he said "Dean said this could 
go on," and the words "to a million dollars." The President said : "That 
isn't the point. Money is not the point. You could raise money, money 
is not the point, it's wrong, we could not, shouldn't consider it and 
it's stupid because the truth comes out anyway." 

Xow I don't know, he didn't — that was his comment to me. 

ilr. Thompson'. These will be further explored. 

Mr. MooRE. Yes. 

Mr. Thompsox. But to go on as succinctly as we can, lets explore 
the other meetings briefly that you had with the President after 
that. 

Mr. Moore. I had a brief meeting with him the next day, April 20. 
And then I had another meeting with him 

Mr. Tnorpsox. What did you talk about on April 20 ? 

Mr. Moore. On April 20 I sought this meeting, and I^ 

Mr. Thompson. You sought this meeting? 

Mr. MooRE. Yes. 

Mr. Thompson. The only meeting which you sought is the one we 
are talking about with the President? 

Mr. Moore. Yes. 

Mr. THOirpsoN. Go ahead. 

Mr. MooRE. And he was leaving for Key Biscayne at 12 :15, 1 think, 
and I sought it by going to Mr. Ziegler's office because I knew Ron 
was going to go in to see the President and I said. "Would you ask 
if he could give me 5 minutes before he goes to Florida," and Eoa 
came back and said, "Stand by. He would like -to see you." 

And I went in and I said, "]Mr. President, I have been thinking 
about the whole thing." 

Mr. Thompson. Was this in the Oval Office? 

Mr. MooRE. Oval Office standing by the door and the helicopter at 
one point the whirling started. 

Mr. Thompson. Was he getting ready to go? 

Mr. Moore. He was standing up just the two of us. 

ilr. Thompson. Do you know whether or not you were logged in? 

Mr. Moore. Yes, sir, I believe I was 

Mr. Thompson. All right. Go ahead. 

Mr. Moore. And he said, "Dick, I understand vou wanted to see 
me. 

I said, "Yes, sir. You are going down for that Easter weekend and 
it is a good time to contpmplato,""'and I think I made a reference about, 
"Mayl>e this is the sort of a resurrection of the whole thing we are 
talking .about." 

At least I iravo him a little, iust tliat comment. Then I said. "The 
reason I wanted to see you, sir, is I have been thinking about this whole 



(1505) 



79.2 PRESIDENT NIXON DAILY DIARY, APRIL 19, 1973, EXHIBIT SO, 
IN RE GRAND JURY, MISC. 47-73 



fAHiy.i. 


! 






N1V7V. 


: iJse PRESIDENT RICHARD NIXON'S DAILY DIARY "' A 1^'^ 


■'1,AN DATE (Mo. D.,. Yr.) \ 
^/ ATJDTT in imo 












CV-e DAVID, 
R\RYLAND 


TTME DAI- 

8:15 a.u. THURSDAY 




TIME 


PHONE 

P=Pli£cd 

R="Re«iveil 


ACTIvrTY 




Li 


Out 


to 


LD 




8:15 








The President had breakfast on the Aspen sun porch. 




8:51 


8:53 






The President motored from Aspen Lodge to the Camp David 
helipad. 




8:55 


9:28 






The President flew by helicopter from Cairo David, Maryland to 
the South Grounds of the White_^House. ;. For a list of 
--^ cassengers. see APPENDIX "A."! 




9:31 








' The President, accompanied by his Assistant, H. R. HaJ.demaa, 
went to the Oval Office. 

^ The President met with: 




9:31 
9:32 


10:12 
10:12 






Mr. Haldeman 

John D. Ehrlichman, Assistant 




10:12 


11:07 




t 


^ The President met with Assistant Attorney General Henry E. 
Petersen. 




11:08 


11:09 






The President met with his Assistant, Henry A. Kissinger. 




1:13 








The President went to the Cabinet Room. 




11:13 


12:29 






The President met to discuss emigration policies concetTilng 
Soviet Jews with Anerican Jewish leaders. For a list of 
attendees, see APPENDIX "B." 

white House photographer, in/ouc 




12:29 








The President, accompanied by his Press Secretary, Ronald L. 
Ziegler, returned to the Oval Office. 




12:29 


12:48 




V 


The President met with Mr. Ziegler. 




1:03 


1:30 




V 


' The President met with Mr. Ehrlichman. 




1:30 








The President went to the Rose Garden. 




1:34 








The President returned to the Oval Office. 




1:36 








The President went to his office in the EOB. 




1:39 


1:41 


P 


V 


" The President talked vith Mr. Ziegler. 




1:40 


1:41 






Tne President met with Staff Assistant Thomas Hart., 




1:45 


1:46 


P 




The President talked with Mr. Ziegler. 




1:48 


1:50 


P 




The President talked with Mr. Ehrlichman. ,. j^ 



(1506) 



79.2 PRESIDENT NIXON DAILY DIARY, APRIL 79, 1973. EXHIBIT SO, 
IN RE GRAND JURY, MISC. 47-73 



THE WHITE HOUSE 




PRESIDENT RICHARD NIXON'S DAILY DIARY 

(See Td'el Recxd for Ttitei Acii*>rr) 



■m 



m 



DATE (Mo.. D: 

APRIL 19, 1973 



'/. Y>.) [ 



^ 



TIME DAY 

1:57 p.m. THURSDAY 



6:17 
7:05 
8:13 
8:16 

3:26 
8:26 



6:13 



8:13 
7:25 

8:26 
9:32 



The President met with his Special Assistant, Stephen B. Bull. 

The President talked with Mr. Kissinger. 

The President requested that his Special Counsel, Richard A. 
Moore, join hin. 

The President met with Mr. Moore. 

The President met with Mr. Bull. 

The President talked with Mr. Ehrlichman. 

The President telephoned his daughter, Julie. The call was 
not completed. 

The President met with Mr. Ehrlichman. 

The President talked with his daughter, Julxe. 

The President met with Mr. Bull. 

The President talked with Mr. Ehrlichman. 

The President talked with Mr. Ehrlichman. 

The President went to West Executive Avenue. 

The President motored from West Executive Avenue to Pier One 
of the Washington Navy Yard. 

The President went boating on the Sequoia. 

The President had dinner on board. 

The Sequoia docked at Pier One of the Washington Navy Yard. 

The President motored from the Washington Navy Yard to West 
Executive Avenue. 

The President returned Co his office in the E03. 

The President met with: 

John J. Wilson, attorney for IJhiteford, Hart, Carmody 

and Wilson 
Frank H. Scrickler, attorney for ^■/hiteEord, Hart, 

Carmody and Wilson 



7 



(1507) 



79,2 PRESIDENT NIXON DAILT DIARY, APRIL 19, 197Z, EXHIBIT SO, 
IN RE GRAND JURY, MISC. 47-7Z 



'^A\'\ 



THE WHITE HOUSE 



PRESIDENT RICHARD NIXON'S DAILY DIARY 

(Se« Tfi-el Rceo/d for Tfj»cl Acl...r7) 




-!?. 



PLACE DAY BEGAN 

CAi't? DAVID, 
R'SlRYLAND 



DATE (Mo.. Dlr. y>.> 

APRIL 19. 1973 

TIME DAY 

9:37 p.m. THURSDAY 



PHONE 

P=PI»ccd 

R = Rsc«iyed 



9:37 
9:54 

9:59 
10:54 



9:53 



11:04 



The President talked with Mr. Haldeman. 

The President telephoned Mr. Ehrlichman. The call was not 
completed . 

The President returned to the second floor Residence. 

The President talked with Mr. Ehrlichman. 



CD/SM/JD 



(1508) 



79.2 PRESIDENT NIXON DAILY DIARY, APRIL 19, 1973, EXHIBIT 50, 



IN RE GRAND JURY^ MISC. 47-7 Z 



APPENDIX "A' 




HELICOPTER MANIFEST 
April 19, 1973 

FROM: CAMP DAVID, ^L'^RYLAND 



TO: SOUTH GROUNDS OF THE 
WHITE HOUSE 



President Nixon 

H. R- Haldemaa 

John D. Ehrlichman 

Dr. William M- Lukash, Personal Physician 

Maj. John V. Brennan, Military Aide 

Manolo Sanchez 

USSS 



(1509) 



35-904 O - 74 - pi. 3 — 28 



80. On April 19, 1973 from 8:26 to 9:32 p.m. the President met with 
John Wilson and Frank Strickler, attorneys for H. R. Haldeman and John 
Ehrlichman. There was a discussion of the case against Haldeman and 
Ehrlichman . 

The Committee has requested the tape recording and other 
evidence of this conversation. The President has provided an edited 
transcript of that recording. A summary of that transcript has been 
prepared. 



Page 

80.1 President Nixon daily diary, April 19, 1973, 

Exhibit 50, In re Grand Jury , Misc. 47-73. 1512 

80.2 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
among the President, John Wilson and Frank 
Strickler, April 19, 1973, 8:26 - 9:32 p.m 1515 



(1511) 



80.1 PRESIDENT NIXON DAILY DIARY, APRIL 19, 1973, EXHIBIT SO, 
IN RE GRAND JURY, MISC. 47-73 



b;-,HU!r. 


.\ 






MV^^. 


;,^^^E PRESIDENT RICHARD NIXON'S DAILY DIARY "^ ^ A L^'S 

r^ (fee T..«tl K=.".J (o, T>..tl At,..,,,) >>\^\ 


S- 


DATE (Mo. D./. y, ) I 1 








iur-i-.iL j.y, ly/j 




C\>[? DAVID, 


TIM£ DAV 




R^RYLAND 8:15 a.n. THURSDAY ] 




TIME 


PHONE 

P=PI.«<1 

R=a Received 


ACTlVfTY 




La 


Out 


Lo 


LD 




8:15 








The President had breakfast on the Aspen sun porch. 




8:51 


8:53 






The President motored from Aspen Lodge to the Camp David 
helipad. 




8:55 


9:28 




- 


The President flew by helicopter from Camo David, Maryland to 
, the South Grounds of the White__House. i. For a list of 
-^ passengers, see APPENDIX "A."! 




9:31 






V 

V 


' The President, accompanied by his Assistant, H. R. Ealdeman, 
went to the Oval Office. 

The President met with: 




9:31 


10:12 






Mr. Haldeman 




9:32 


10:12 






John D. Ehrlichman, Assistant 




10:12 


11:07 




I 


" The President met with Assistant Attorney General Henry E. 
Petersen. 




11:08 


11:09 






The President met with his Assistant, Henry A. Kissinger. 




1:13 








The President went to the Cabinet Room. 




11:13 


12:29 






The President met to discuss emigration policies concerning 
Soviet Jews with Anerican Jewish leaders. For a list of 
attendees, see APPENTDIX "R." 

white House phocographer , in/out 




12:29 








The President, accompanied by his Press Secretary, Ronald L. 
Ziegler, returned to the Oval Office. 




12:29 


12:48 




\/ 


The President met with Mr. Ziegler. 




1:03 


1:30 




V 


The President met with Mr. Ehrlichman. 




1:30 








The President went to the Rose Garden. 




1:34 








The President returned to Che Oval Office. 




1:36 








The President went to his office in the EOB. 




1:39 


1:41 


P 


- 


The President talked vith Mr. Ziegler. 




1:40 


1:41 






rv.e. President met vith Staff Assistant Tho,-nas Hart. 




1:45 


1:46 


P 




The President talked with >[r . Ziegler. 




1:48 


1:50 


P 




The President talked with Mr. Ehrlichman. 



(1512) 



80,1 PRESIDENT NIXON DAILY DIARY, APRIL 19, 1973, EXHIBIT SO, 
IN RE GRAND JURY, MISC. 47-73 



TH£ '.VHirE HOUSE 



PRESIDEMT RICHARD NIXON'S DAILY DIARY 

(S<t Ttjvcl Rcen/J (o. Tn-cl Acuvcrr) 



^ 



Vh 



PLAC:: DAY BEGAN 

CA^iP DAVID, 
>yLR";XAND 



1 \m 

(Ma. O.;. Yr.) \ 



DATE 

APRIL 19, 19 73 



TIME DAY 

1:57 p.m. THURSDAY 



TIME 



1:57 
2:05 
3:38 

3:46 
5:01 
5:03 
5:10 

5:15 
5:43 
5:53 
5:58 

6:00 
6:03 
6:03 



17 
05 
13 
16 



3:26 
8":26 



P 



1:58 
2:08 

5:00 
5:03 
5:04 

5:45 
5:45 
5:54 
5:59 
6:03 

6:13 

8:13 
7:25 

8:26 

9:32 



PHONE 
P=Pliced 



Acrivmr 



The President meC with his Special Assistant, Stephen B. Bull. 

The President talked with Mr. Kissinger. 

The President requested Chat his Special Counsel, Richard A. 
Moore, join hin. 

The President met with Mr. Moore. 

The President met with Mr. Bull. 

The President talked with Mr. Ehrlichman. 

The President telephoned his daughter, Julie. The call was 
not completed. 

The President met with Mr. Ehrlichoaa. 

The President talked with his daughter, Julie. 

The President met with Mr. Bull. 

The President talked with Mr. Ehrlichman. 

The President talked with Mr. Ehrlichman. 

The President went to West Executive Avenue. 

The President motored from West Executive Avenue to Pier One 
of the Washington Navy Yard. 

The President went boating on the Sequoia. 

The President had dinner on board. 

The Sequoia docked at Pier One of the Washington Navy Yard. 

The President motored from the Washington Navy Yard to West 
Executive Avenue. 

The President returned to his office in the E03 . 

The President met with: 

John J. VJilson, attorney for IJhiteford, Hart, Carcadv 

and Wilson 
Frank H. Strickler, attorney for Vftiiteford, Hart, 
Carroody and Wilson 



(1513) 



80.1 PRESIDENT NIXON DAILY DIARY, APRIL 19, 1973, EXHIBIT SO, 
IN RE GRAND JURY, MISC. 47-73 

THE WHITE HOUSE PRESIDENT RICHARD NIXON'S DAILY DIARY ~ 

Oe T(i.:I Record tot Tf*vcl Aci.-.-y) 



irr 



PL-'CZ DAY BEGAN 

CAl-IP DAVID, 
M:'.LRYLi\ND 



DATE (Mo. Dir. Yt.) 

APRIL 19, 1973 

TIME DAY 

9:37 p.n. THURSDAY 



m 



PHONE 

P = PljCCTi 

R = .Hrccivcd 



9:37 
9:54 

9:59 
10:54 



9:53 



11:04 



The President talked with Mr. Haldemaa. 

The President telephoned Mr. Ehrlichman. Tne call was not 
completed . 

The President returned to the second floor Residence. 

The President talked with Mr- Ehrlichnan. 



CD/SM/JB 



Pjj« 



—3. o( .?.. Pjst(») 



(1514) 



80.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973, 8:26-9:32 P.M. MEETING 

SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
APRIL 19, 1973, 8:26 P.M. -- 9:32 P.M. 



On April 19, 1973 the President met in his EOB office from 8:26 to 
9:32 P.M. with John J. Wilson and Frank H. Strickler, attorneys 
retained by Haldeman and Ehrlichman. The President asked Wilson and 
Strickler to tell him "where it stands" both from the "standpoint of the 

people you are representing and from the standpoint of the Presidency " 

The President remarked about "one of those things where people with 

the best of intentions--I mean everybody. John Mitchell I love 

He did things here, you know, that were (unintelligible) on a less, here 
we have people who got involved- tangentially." (p. 3) Wilson indicated 
they had made a visit to the District Attorney's office that afternoon. 

Wilson said Haldeman had written a memo "which boils down the 
sensitive area. ..to the matter of $350,000." The President said he was 
aware of that, and had questioned Haldeman very thoroughly on all things 
himself. Wilson said that Haldeman said Dean had come to him and told him 
of the need for the money to help alleviate families and to pay for legal 
counsel for the Watergate defendants. Later, Haldeman told Wilson according 
to Wilson, "when the money was transferred over to the Committee, he just 
wanted to be rid of it. And he had no intention as to where it might go. 

And . . . that's that." 

Wilson then said "we said to him that we don't doubt that--about the 
truthfulness," but went on to suggest that it could look questionable to a 
jury, and Strickler added that it could become an issue "depending upon 
how the testimony comes out of the various people " (pp. 4-5) 



(1515) 



80.2 HOUSE JUDICIABY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 197 3y 8:26-9:32 P.M. MEETING 

-2- 



Wilson said Haldeman said "wait a minute... what is this sin? 
What is wrong with this?", and they told him that "by a far stretch, 
this might be something of accessory after the fact to a conspiracy at 
the Watergate." (p. 5) The President, Wilson and Strickler agreed 
that the argument of the prosecution would concern "the motive as to 
whether he gave it to Dean with the knowledge and with the intent of 
keeping the defendants quiet." (p. 6) Strickler said they did not know 
what Dean will say on this but "in our thinking, we assume the worst." 
The President said "Exactly. Absolutely." Wilson said "Now, we are old 
prosecutors, Mr. President," and that "we think this is not a case, 
according to our standards. .. .This is not an indictable case against 
Bob." (p. 6) On the other hand, Wilson said, "bear in mind that we have 
got a group of zealots. . .particularly Seymour Glanzer who is a fire- 
eating prosecutor, and... these zealots always shoot for the top." (p. 6) 
The President said, "in other words, they may indict even though they don't 
think they can (unintelligible)," and Wilson said "That's it exactly." (p. 7) 
Wilson and Strickler affirmed that if it goes to court they might be 
able to defend Haldeman on the evidence they now have. The President 
referred to a letter to LaRue and Strickler said they had that. 

Strickler said Haldeman and Ehrlichman were wonderful fellows, and 
the President agreed and said "they tell the truth, too." Turning to 
Ehrlichman' s situation, Wilson referred to Hunt's safe and a pistol there, 
some electronic equipment which Bob didn't think was for bugging, that was more 



(1516) 



80.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973, 8:26-9:32 P.M. MEETING 



recording than bugging, and a batch of papers which Wilson called 
"sensitive or semi -sensitive in nature." The President said "Sensitive 
in what respect — political or other?" Wilson said "I don't think it 
was as much political as it was — didn't he have something to do with 
national security?" The President said yes. Strickler said "I think 
it was a mixture of both." (p. 9) Wilson said "Was it— guess it might 
have been," and the President said, "yeah." 

Strickler said the FBI was brought in and they got the pistol, the 
bugging equipment and large quantity of papers, and the President said 
"Which they gave to Dean — 1 mean to Gray." Wilson said "Well, presumably 
not this particular sensitive area." The President said "Oh," and Wilson 
said, "Gray, as the head of the department, may have seen it. But this is 
not the particular instance where we see Gray. Uh, Dean held back some 
papers." (p. 9) 

Wilson said "they" gave most of the papers to the FBI, and the 
President said "Thank goodness, they did that." Wilson and Strickler 
agreed "It was promptly done." (p. 10) Strickler indicated that 
Ehrlichman said that later on Dean informed him he was holding back other 
papers. Wilson then said that "Dean had a little envelope which was 
unopened as far as John was concerned. He was unaware of its contents. 
And Gray was sent for," at Dean's suggestion or maybe Ehrlichman 's. 

According to Wilson, Dean handed Gray a package of papers "which as 
I say for John's purpose was sealed" and "he never saw the contents." 



(1517) 



80.2 HOUSE JUDICIARY COmiTTEE STAFF SUMMABY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973, 8:26-9:32 P.M. MEETING 

-4- 



Gray took the package, according to Wilson, and left. Ihe meeting 
did not last over four minutes. At some later time not specified in 
the transcript, according to Wilson, Gray approached Ehrlichman and said, 
"1 want you to not mention the fact that I received those papers." 
Ehrlichman, Wilson said, told Gray, "Well, I can't do that." Ehrlichman 
further said "This was a--you were (unintelligible) in this somewhere. 
I didn't know where it was--I never asked you what was in it." (p. 11) 
And, Wilson said. Gray replied "Well, I'm embarrassed because I destroyed 
it." And Wilson said, "Now this is Gray's fault." (p. 11) The President 
said "Terrible damned thing to do." Wilson said "Oh terrible." (p. 11) 
There was then some discussion to the effect that Gray had testified to 
the contrary or told Petersen the contrary. (pp. 11-12) 

Wilson said, "John /^Ehrlichman/ left a rather equivocal response to the 
request. He called him back, upon reilecting, and said, 'Look, I want 
you to kiow that I have got the question of papers.'" Then Wilson said, "Gray 
got to Petersen and said, 'look, I did get it. And I destroyed it.'" (p. 12) 
The President said "I guess the only basis Gray could say that it was 
political stuff and I didn't want to appear--pretty bad." 

Wilson then told the President that he did not trust Petersen. Wilson 
said "We both had had one experience with him," and recounted that experience. 

Wilson then turned to what he called "the second phase of John 
Ehrlichman" which was "the idea of raising funds." (p. 13) The President 
said "Which he was approached on," Wilson said "Yes, and this was not to come 



(1518) 



!!:i=^ss.rsisiSIi25i^r ™ 



-5- 



out of the three-fifty." The President said Ehrlichman "didn't know about 
the three-fifty." Wilson said, "Oh, I think he knew about it... he must 
have according to the--", and the President said "Well, what I meant 
is, it wasn't his field." The President said "Raising money and Dean 
says, 'Can I talk to Kalmbach,' and he said, 'Yes,'" and Wilson said 
Kalmbach went out and did raise the money. Wilson said "these matters 
involving John alarm us even less... than Bob's do," from the criminal 
side. The President said "He said they come to him and they say, look here. 
I'm going to raise some money. And Kalmbach here suggest okay. You mean 
that doesn't make him guilty of something?" Wilson said, let's go back 
to the accessory after the fact idea, and that this gets even removed 
further than the release of the White House funds to be used for that 
purpose. Wilson said, "Now this. .. contrast is not to be taken as making 
any great division between Haldeman and John," because "our judgment is 
that neither one can be successfully prosecuted." (pp. 13-14) 

There was a discussion of the concept of a non-indicted co-conspirator 
which Wilson explained to the President. (pp. 15-16) The President said 
"Well, for Bob and John--if they put them on that list--it kills them... 
from the standpoint of the public." Wilson then reported on their meeting 
that day with Glanzer, Campbell, and Silbert of the U.S. Attorney's 
office. Wilson said Glanzer seemed surprised that Haldeman and Ehrlichman 
had engaged Wilson, and that they gave Wilson a little encouragement. 
Wilson also said Glanzer suspected they were possibly representing John 



(1519) 



80.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973, 8:26-9:32 P.M. MEETING 

-6- 



Mitchell and Wilson told Glanzer that wasn't so. Wilson reported they 
asked Glanzer questions but Glanzer "was a little tight today because 
he was in the presence of his superior," and that they had found him 
more loose and perhaps on other occasions they would be able to get him 
alone . 

Wilson reported that Glanzer said he planned to have an office 
interview with Haldeman and Ehrlichman which would not be recorded, that 
Wilson and Strickler could be present, and that neither the prosecutors 
nor the counsel would take notes. Wilson said Glanzer said "We want to 
know what they will say before we take them before the Grand Jury — if we 
go." The President replied that Petersen told him they were going to be 
called before the Grand Jury, and Wilson said this is possible. (p. 15) 

Wilson said then later Silbert entered the meeting and "qualified 
Glanzer" by saying we are going to have to talk to the Department of 
Justice about the interview, meaning whether there would be any interview 
of Haldeman and Ehrlichman. Wilson also said Silbert said he saw from 
the papers that Ehrlichman had been conducting investigations. (pp. 16-18) 

A discussion followed containing several unintelligibles rendering 
the meaning unclear, after which Wilson said the prosecutors volunteered 
that "these leaks from the grand jury were irritating the hell out of them." 
(p. 19) Wilson indicated the prosecutors blamed the leaks on the court 
reporter, and the President and Wilson suggested their disbelief at this as 



(1520) 



80.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1975, 8:26-9:32 P.M. MEETING 



the likely source. Wilson said at the end of the discussion they got 
It "pretty well connnltted there that (unintelligible) permitted. The 
interview would come first." (p. 20) And Wilson said Silbert said the 
prosecutors would "get around to this" before the Ervin Committee 
hearings began. (p. 21) 

Some discussion followed about Glanzer, the President saying he 
is obviously rough and Wilson, agreeing, said he exaggerates and at times 
does not tell the truth and at other times tells half the truth. Wilson 
said Hunt was before the Grand Jury this afternoon, and the President 
asked "What happened? Of course, nobody knows what happened." (p. 22) 

The President said "Let me say my good friend Len Garment and some 
others think that... Dean out there is a loose cannon — ". Strickler said 
yes, and the President said "Threatening, and all that sort of thing. And 
I think obviously what is happening — and I think that Glanzer and Silbert 
are giving, trying to give. Dean an incentive to lie in order to get 
Haldeman and Ehrlichman, Dean is scared and Dean is capable of doing that. 
Do you agree with that?" Strickler said "I think so," and the President 
said "And Mitchell told him so. But of course that wouldn't get him out 
of it. There's no way he'd (unintelligible) criminal, (unintelligible)." 

At this point Wilson said, "(unintelligible) see if this 
(unintelligible) I don't know whether Frank wants to talk to you about 
it. When I was at that meeting today, I had a feeling. . .that. . .Ehrlichman 
and Haldeman are really not (unintelligible)." The President said 
"But Petersen certainly indicated. . .last Sunday" that Haldeman and 
Ehrlichman should resign. The President said, "But my point is we 



(1521) 



80.2 HOUSE JUDICIARY COMITTEE STAFF SUMMRY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973:, 8:26-9:22 P.M. MEETING 

-8- 



have very great pressures. . .and say that Haldeman and Ehrlichman 
destroyed in the public mind and they'll say breach of a public 
trust....! don't want to do anything that would jeopardize their 
case." (pp. 23-24) 



(1522) 



80.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973, 8:26-9:32 P.M. MEETING 



Discussion turned to whether Haldeman and Ehrlichman should be 
suspended as proposed by Petersen. Wilson said a suspension or resignation 
would not assure that they would not be indicted. The President appeared 
to say that Petersen told him that also. The President said "If I thought 
their resignation would avoid an indictment, I would have them resign." 
(p. 25) Wilson said "Now, I trespass on your area of judgment when I say 
. . . that if they resign or are suspended that this is a reflection on the 
Presidency." The President said "Well, if they don't resign or are suspended 
and then are indicted, that's all (unintelligible)." Wilson said "but . . . 
you have already announced you would suspend them then," and that "By the 
way, you know this. I don't have to tell you. They are willing to leave," 
The President said he knew. Wilson said "And yet on the other hand they 
are willing to stand up to this thing ... if it doesn't hurt you." 
(pp. 26-27) Strickler agreed that resignation now by these two gentlemen 
will be a "tremendous reflection on the Presidency." He said "because the 
public statement says that this is only in Senator Ervin and other sources, 
because there is no evidence to tie them in to a criminal situation ... if 
they stepped out at this point there is going to be a public feeling that this 
is an admission of guilt . . . . " (pp. 27-28) 

The President suggested Wilson and Strickler were leaning in the 
direction of taking the risk that Haldeman and Ehrlichman would be named "as 
so-called co-conspirator" and if they are "Then we just have to move in." Wilson 
said it was possible that his clients would have the informal interview, 
which they were leaning toward doing, and maybe Wilson and Strickler would 
be there too, not just as spectators but to "cover for our client. And if the 
question is unfair, I enter into the act." (p. 28) 



-9- 



(1523) 



80.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 197 S, 8:26-9:32 P.M. MEETING 

They discussed the timing of such an interview, and the fact that 
Wilson would not send his client before the grand jury because he would be there 
alone. Wilson said the prosecutor controls the grand jury and has been in there 
for months. Wilson said he told Silbert he would prefer Silbert ask for the 
interview rather than for his clients to do so. The President said, "In 
other words, wait 'til they're ready?", and Wilson said yes. (PP- 29-30) 
The President said he told Petersen, Haldeman and Ehrlichman would come 
"anytime he wanted them." Wilson said "we did not resist it." The President 
said, "in other words, your advice at the present time is stand with these 
men, because basically if you flush them now, it's going to probably . . . 
hurt their case," and Wilson agreed, (p. 30) Wilson said after the inter- 
view with the prosecutors they had been talking about, they would take another 
look at it and reappraise this situation ~ that this thing has to be played 
in steps. The President said "You don't know how much they have and what they 
can prove," and Wilson said "That's it, exactly." (p. 31) 

The President then said "Then, you've got to remember Dean, as I 
have said, is a loose cannon .... The damnest charges you've ever heard. 
Some of them are unbelievable . . . This fellow that was sitting in here and 
who in the Office of the President — a very bright young guy and these guys 
would talk to him and so forth — but he now wants to drag them down with him." 
Wilson said "he's bad" and the President said they must have told Dean if he 
can "get" Haldeman and Ehrlichman, he gets immunity. The President asked "do 
you want Petersen to give him immunity, or not?" (p. 32) Wilson said "as I 
understood, they were hung up on that right now," and the President said 
"they are." The President said, "See, that's why ~ I put out a statement 



-10- 



(1524) 



80.2 HOUSE JUDICIARY COMMITTEE STAFF SUimARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973. 8:26-9:32 P.M. MEETING 

that no major figure should be given immunity." (p. 32) Wilson said 
"Let me tell you — ", and the President said "Basically, because I think it 
would look bad if (unintelligible) from our standpoint. What do you think 
about it?" (p. 33) 

Wilson then told the President "about the two kinds of immunity," 
case immunity and use immunity, and suggested a witness testifying under 
immunity obtained in exchange for trading off his friends could be seriously 
undermined on cross-examination, (pp. 3A-35) 

The President said he thought Dean's lawyers were just trying to get 
him off on "the whole damned thing." Strickler said "What we have found in 
other cases with Glanzer is that they don't want to go to the elaborate stat- 
utory procedure and just want to have an oral understanding. 'If you cooper- 
ate with us, we'll give you our word we won't prosecute you.' " The President 
said "That's what they told Dean," and Strickler said "That's generally their 
procedure when there are conspirators." Wilson said "This is Petersen's 
style. He practically gave us this in another case but he double-crossed us 
gently and we just don't believe him." (pp. 35-36) 

Strickler said he was confident that "they are going to tell each 
one of these witnesses that are scattered around — potential witnesses 
against Mr. Ehrlichman and Mr. Haldeman — they are putting the screws on them 
— they are scaring them. And they are using psychology." (p. 36) He said 
"when I look at it from the merits of the case, I don't think they have a 
criminal case against these gentlemen at this point." (pp. 36-37) 



-11- 



(1525) 

35-904 O - 74 - pi. 3 — 29 



80.2 HOUSE JUDICIARY COMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973, 8:26-9:22 P.M. MEETING 

The President responded, "Even on conspiracy? ... I understand 
that conspiracy is very broad . . . But you have to have an overt action." 
Wilson said "Not on the part of every defendant .... But the overt act 
could be in itself innocent if they are part of the pattern." The President 
said "I think that is really what they are going to try to nail Haldeman and 
Ehrlichman on. Not on the . . . Watergate thing — they can't do that. 
(Unintelligible) has approved the budget that (unintelligible) . They can 
never prove that whole thing. Never prove that that's what (unintelligible) 
never prove that." But, said the President, "on the other hand, they will say 
that on the three-fifty — 'Haldeman and Ehrlichman were involved with Dean 
and Magruder in an effort to get the money to keep the defendants quiet . ' 
What's the answer to that?" Wilson said "If I understand John and Bob cor- 
rectly — Dean's presentation goes no further, as far we know, than money 
to take care of their families . . . and legal counsel." The President said 
"That's right." Wilson said "Well, you might say circumstantially that help- 
ing the defendants for the purpose of shutting their mouths." (pp. 37-38) 
The President said "The other thing — there was perhaps one instance — 
very little very — little where it said there is the matter of (unintelligible) 
I am confident their motive in every instance was to help their families and 
with their legal counsel. . . I can't see that that's wrong." Strickler said 
"I cannot either. No, there is no crime in this." 

Strickler appears to have said that he thought it significant that 
money was not sent over or actions taken after newspapers stories of payoffs 
appeared. 



-12- 



(1526) 



80.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF UHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973, 8:26-9:32 P.M. MEETING 

The President said "Your point Is that which has some merit to 
me, that probably it's just as bad ... to sink them now as it is to sink 
them if they are indicted", and Wilson agreed. The President said "If they 
are indicted, then I've given them every chance. And if they are indicted, 
we'll let them go." But he reminded them that the prosecutors and Petersen 
would make the argument that even if they are not indicted, they will be 
"indicted in the public mind with all this stuff." (pp. 39-40) The President 
asked "Do you think their usefulness will be destroyed by that?" Strickler 
asked,"won't there come a time when they will testify before the Ervin Com- 
mittee and have a chance to make their public presentation?" The President 
said no, "I think they will be testifying in court before that, and he said he 
did not see how the Ervin Committee can possibly be allowed to go forward 
when these court suits develop, (p. 41) 



-13- 



(1527) 



80.2 HOUSE JUDICIARY COmilTTEE STAFF SUMMABY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973, 8:26-9:32 P.M. mETING 



A discussion followed about Henry Petersen. Wilson said "Dean's getting 
off the hook, possibly," and the President said "For having revealed too 
much to Dean?" Wilson said "no, from indicting your top man." The President 
said "he didn't want to indict them .... he doesn't seem to be concerned 
about indicting Mitchell. He is concerned--he is petrified. And Mitchell 
will be indicted." Wilson said that was what he was told, and "I have never 
been in quite this far as they are with this situation, but I know--." The 
President said "You mean they are going to be reluctant to indict the two top 
men." Wilson said, "That's what I would say except you know--I would put it 
this way--Petersen will handle--this problem. I guess--a holdover from the 
Democratic Administration." The President asked for Wilson's judgment, and 
Wilson said "I thought as the prosecutor he would love to--unless he was just 
crazy or ruthless to want to indict the top of the ladder," and Strickler added 
"Without the strongest case...." (p. 42) 

The President said "He didn't want to indict unless he can convict." 
Strickler said "Yes. But this is not one. I don't think he would throw in your 
two top assistants--into an indictment as defendants, without clear evidence 
against them." Nor did Strickler think they would be named as unindicted 
co-conspirators without clear evidence. The President said "at this point, I 
think the thing to do is to stand firm." (p. 43) 

The President said "Don't panic. .. .These are good men. I just hope we can 
save them. It's a miserable thing to have them go through." Wilson said, "But 
you do know, I am sure, we have said to you that while we have their interests--well, 
I'll say, not primarily, but largely-- in our heart, they are--because they are 
our friends. .. .We are equally interested in this possibility. . . Wfe think it 



-14- 



(1528) 



80.2 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973, 8:26-9:32 P.M. t4EETING 

spills over other people." The President said "If anything 's done now — 
let's just sit it out awhile — take the smears for awhile." (p. 44) 

Strickler said he was wondering and hesitated to bring it up, because 
it was more of his problem, "The statement from Huston ~ interviews in depth 
with your top assistant that you have gone into the fact with them ~ that 
you've put your confidence in them — believe what they say." The President 
said "Want me to say that?", and Strickler said yes. He also apparently asked 
the President to say "They have not done anything wrong." Wilson said "while 
I like Frank's presentation of that ~ I'm concerned about the credit." (p. 45) 
Wilson suggested saying something about "their counsels," but not that their 
counsels "advised" the President. The President said "I think the timing 
on that — let's have that in a reserve — I think that's a good point .... 
Let's let Easter go by — hope the weekend survives." ( pp. 45-46) 

Wilson said Magruder was not coming back until Monday and asked the 
President if he had been Informed of that. The President said no, but said 
"Hunt was there today." Strickler said "but, somebody is coming in tomorrow 

I don't know who it was." Wilson said "we'll see these men tomorrow a(?ain, 
and the President said "We appreciate your work." Strickler said "The problem -- 
that we should be trying to get information at Seymour Glanzer's level and you're 
in conversation with the Assistant Attorney General, but yet it seems worthwhile 
and productive." The President said "I'm not sure that Glanzer is telling the 
truth." After further discussion, the President said "you've got honest men; 
I know they're telling the truth." The President said, "Well they're touched 
by this because anybody who was in the campaign is touched by everything the 
about it. And frankly, Mitchell's an honest man. He just wasn't tending the 

-15- 



(1529) 



80.2 HOUSE JUDICIARY COmiTTEE STAFF SUt^ARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 19, 1973, 8:26-9:32 P.M. MEETING 



shop--he had problems with his wife--these jackass kids and other fools 
around did this thing and John should have stepped up to it--that's what 
happened in my opinion." (p. 47) 

As the conversation was closing and the talk turned briefly to the 
election, the President said, "Well, we'll survive this. You know--people 
say this destroys the administration and the rest--but what was this? What 
was Watergate? A little buggingi I mean a terrible thing--it shouldn't have 
been done--shouldn' t have been covered up. And people shouldn't have and the 
rest, but we've got to beat it. Right." Wilson said "everybody does--the 
Democrats have been doing--going on for 20 years. (Laughter)"' (p. 118) 



-16- 



(1530) 



81. Between April 19 and April 26, 1973 the President had eleven 
conversations with Henry Petersen. Petersen has testified that during 
these conversations the President asked Petersen for a detailed written 
report on the Watergate matter; discussed the advisability of retaining 
Haldeman and Ehrlichman at the White House; and discussed the progress 
of the Grand Jury investigation. Petersen has testified that some time 
in the course of the April discussions the President made a flattering 
reference to Petersen as an adviser to the President and said he would 
have to serve as "White House counsel." The President also asked 
Petersen whether he would like to be FBI director, but stated he was 
not offering him the job. 



Page 

81.1 Meetings and conversations between the 
President and Henry Petersen, April 
19-26, 1973 (received from White 

House) 1532 

81.2 Henry Petersen testimony, Watergate Grand 
Jury, February 5, 1974, 17-23, 29-33 

(received from Watergate Grand Jury) 1535 



(1531) 



81 . 1 MEETINGS AND CONVERSATIONS BETWEN THE PRESIDENT 
AND HENRY PETERSEN, APRIL 19-26, 1973 



MEETINGS AND TELEPHONE CONVERSATIONS BETWEEN 
THE PRESIDENT AND HENRY E. PETER.SEN IN MARCH AND APRIL 



March 13, 1973 

AM 8:39 11:00 



April 15, 1973 

PM 4:00 5:15 



8:14 8:18 

8:25 8:26 

9:39 9:41 

11:45 11:53 



April 16, 1973 

PM 1:39 3:25 

8:58 9:14 



April 18, 1973 

PM 2:50 2:56 



April 19, 1973 

AM 10:12 11:07 






April 20, 1973 

AM 11:32 11:40 

PM 3:53 3:58 



Republican Congressional Leadership 
meeting in Cabinet Room (Mr. 
Petersen attended) 



President met with Mr. Petersen and Mr. 

Kleindienst in the President's EOB office. 

President telephoned Mr. Petersen 

President telephoned Mr. Petersen 

President telephoned Mr. Petersen 

President telephoned Mr. Petersen 



President met with Mr. Petersen in the 
President's EOB office 
(Mr. Ziegler 2:25-2:52) 

President telephoned Mr. Petersen 



President telephoned Mr. Petersen 



President met with Mr. Petersen 



i^rcsiilfiit lih-phoncd Mr. l\-tcrHcn 

President telephoned Mr. Petersen (Long 
istance) 



vT 



///•7 



(1532) 



81.1 MEETINGS AND CONVERSATIONS BETWEEN THE PRESIDENT 
AND HENRY PETERSEN, A PRIL 19-26, 1973 



Mr. PfU'rsi.ii 
A;iril 23, 1973 
AM 11:09 11:33 

11:44 11:49 



PM 



7:27 7:3: 






lOl^bU 



Pri'siclonl telephoned Mr. Petersen (long 

distcincc) 
President tcleplicjned Mr. Petersen (long 

distance) 

President telephoned Mr. Petersen (long 
distance) 



April 24, 1973 

AM 8:52 9:02 



President telephoned Mr. Petersen (long 
distance) 



April 25. 1973 

AM 8:56 9:01 

PM 5:37 6:45 



President telephoned Mr. Petersen 
President met with Mr. Petersen 



April 26, 1973 



PM 



5:56 6:17 
7:12° 7:14 



President telephoned Mr. Petersen 
President telephoned Mr. Petersen 



April 27, 1973 

PM 4:31 4:35 

5:37 5:43 

6:04 6:48 



President telephoned Mr. Petersen 

President met with Mr. Petersen 

President met with Mr. Petersen 

(Mr. Ziegler 6:10-6:20) 



.pr 



:-il 2V.. 197 



I'M 



":i:-'. 9:25 



7:l)r. 7:11 



Prcsidont telephoned Mv . Pptoi-?en (lonj] 
di star.rv^) 

Prcsidi-nl. lt-Icp!'.onc(l Mi". I'ctcrKon {loiv_ 
ilisl.!:'.w-L-) 



(1533) 



82.1 MEETINGS AND CONVERSATIONS BETWEEN THE PRESIDENT 
AND HENRY PETERSEN , APRIL 19-26, 1973 _ '; ' -' •- 

i\! I . l\-ic'i-.;.n -3- 



v,r^ liil^^^ 



April 30, 1 ')7 J L V ij J 

PN-i 12:?.8 12:33 President tolcphonccl ^1r. Pclctrstin (long 

distance ) 



(1534) 



81.2 HENEY PETERSEN TESTIWNY, FEBFUARY S, 1974, 
WATERGATE GKAND JURY, 17-23, 29-33 

1 might be raised among the Cuban organizations in Florida — 

2 I [jassod through them, or what have you, I don't kno'J — but 

3 j only in that sense. 

4 I suppose I implied that it would be campaign funds 

5 that were be moving through front organizations in order to 

6 conceal thair origins, but I can't attribute that stateiaent 

7 to anyone. 

8 Q Well, is it your recollection that the President 

9 implied, in this conversation, that it was from Dean that 
he first learned that such surreptitious payments were being 

11 made to the defendants? 

12 A That's right. Yes. 



10 



18 
19 

20 
21 
22 
23 

24 



Q Did the president indicate that he had spoken to 
4 I various advisers concerning the question of the involvement 

15 of Haldeman and Ehrlichman and the related question as to 

16 whether to call for their resignations? 

17 A Yes. Scmetiiae early in that week — xjell, this 
certainly was not April 15th, so it had to be the 16th. I 
don't believe I saw hia on the 17th and 18th, and I did see 
him on the 19th, to my recollection. 

So either on the 16th or 19th, he had indicated 
that he had discussed with Secretary of State Bill Rogers, 
who was a fanner prosecutor in >>'eiJ York, tny conversation of 
the 15th with the President. 



25 . Q Did ha inentiori anyone else? 



r 



(1535) 



81.2 HENRr PETERSEN TESTIMONY, FEBRUARY S, 1974, 

WATERGATE GRAND JURY, 17-23, 29-33 

- 

1 A Discussing it with any ochar adviser? 

2 Q Well, specifically, with ?:r. Wilson or Mr. Stricklejr 

3 A No. Ke asked ne did I know Wilson and S trickier 

4 and I indicated yes, that 1 did know them. I thought highly 

5 I of thsa as lawyers. But ny recollection is it was after 

6 they were retained and I gathered, from the Presiden£l:s con- 

7 ment, that he was present at the tine when V/ilson — whether 

8 Strickler was present or not — had debriefed Ehrlichman 

9 and Haldeman under, I gather, rather rigorous -style cross- 

10 examination. 

11 Q .And at least Mr. Wilson -- whether Haldeman and 
'2 Ehrlichman were present at the time, you got the impression 
13 from the President that Mr. VJilson had conmunicated the in- 
1'* formation he had learned to the President? 

15 A Well, I don't know. I assumed that, but I caa't 

16 say the President told ne that. But ir was clear, one, from 

17 the President '_s comments that he had talked to Wilson. It 

18 was my inference that he had been present whsn Wilson ques- 

19 tioned those ueople. 

20 j But the same inference -- that inference doesn't 

21 j necessarily hold. It may have been that Wilson v;a3 quastion- 

22 ing the President, you know. I don't kno"-. 

23 I In any event, there was a cori'/ersation with Wilson. 
Q This was in Ch3 context, though, o); the President 



7 



24 



25 : relatin;5 to you what he had a:t£r.M-ted to Jo to learn the fact^? 

, 1 



(1536) 



4 



81.2 HENEY PETERSEN TESTIMONY, FEBRUARY 5, 1974, 
WATERGATE GRAND JURY, 17 -ZZ, 29-33 

19 
* A That it was necessary- for him to learn all of ch 

2 facts with respect to this matter so the President, or Head 

3 of State, v;ould be able to take whatever action was ai.>pro 
riate 

Q Now, going back to the time t^hsn the President 

6 spoke to you, on the 18th, about whether or not Dean had 

7 been granted inanunity. Aside froa tha President's constena- 

8 tion about not having been informed of a decision which he 

9 thought had been made and carried out, did he indicate any- 

10 thing about the substance of the question of iomunity to Daan 

11 A I'm not sure what you mean by "substance" in that 

12 context. 

13 Q That is the pros and cons of giving Dean iminunity 

14 as Opposed to his disa^.i-ointment about not being advised. 

15 A No. There were those conversations but not at the 

16 time of that telephone call where he raised the question. 

17 Q Well, when you called him back and informed him 

18 that someone was mistaken and no such agreement had been 
15 arrived at, did he,;, at that time, reiterate his position 

20 or his various feelings on immunity? 

21 A No. At that time, we were three days beyond our 

22 earlier discussion with respect to immunity and I think that 

23 I we pretty much had a meeting of the minds that this v;as a 

I 

24 sober decision and I had to cake it and I would take all of 

25 . these factors into consideration. 



(1537) 



81.2 HENRY PETERSEN TESTIMONY, FEBRUARY S, 1974, 
WATERGATE GRAND JURY, 17-23, 29-3S 



20 

^ So there was no further discussion, at Chat point, 

^ other than to say that ray inquiry had confimed through 
3 i Charles (Jaffa) that we were in a negotiating postura. No 
■* iramiinity, either formal or infomal, had been accorded and, 
^ indeed, that no stopple had been. creaCad insofar as grant 
6 of immunity was concerned 
' Q Did the President ever indicate to you, or discuss 
^ with you, the question of Immunity for Ehrlichaan or Haldeman 
^ and, specifically, the question of national security natters 
^^ that either of the two might have been involved in which 
may have appeared to entail sorae criiainal activity? 

12 H A No. No 

13 Q Back to that day on - 
1^ A That would have been preposterous. 1 was in no 

15 mood to hear anybody discuss — it's hard to second guass 

16 yourself and look back, or project what you night have done, 
but that's one of the things that I think would b.ave caused 



11 



17 



23 

24 
25 



1^ me to get up and leave. 

1^ Q Did the President ever indicate to you what he felt 

20 the so-called Hunt blacknail to entail on the blackicail side 

2' rather than on the money side? That is, on the information 
22 



side that Hunt would divulge, if he were not paid? 

A V7ell, the implication is that Hunt would tell all, 
but whether that all would be correct or incorrect, there was 
never any basis to ascortain or confirrr.. 



(1538) 



81.2 HENRY PETERSEN TESTIMONY, FEBRUARY 5, 1974, 
WATERGATE GRAND JURY, 17-23, 29-33 



12 



uv 



21 
Q I take it yoa never did have 3 substantive disc.13- 
sion about what it -was Hunt could reveal? 
A No . 
^ j Q Did there come a time when the President requested 

5 i that you put in writing the substance of the investigation 

6 up to any particular poinf 

7 A Well, there were two occasions. First, on April 

8 15th, after we gave hin the oral statement, he aslced me to 

9 put that in writing so that he would be certain of it. That, 

10 1 did. That very brief statement has previously been made 

11 available to you. 
At or about that time, maybe later in the week, 

13 he asked for a full exposition. Having got into it this far, 

14 he felt he needed all the information, and I said I would 

15 undertake to to try to do that. 

16 I did go through the inforcatlon but it was deter- 

17 mined that anything above and beyond that x-jhich I'd already 

18 given him was Gcand Jiiry Eiattar and, therefore, was not to 

19 be divulged. 

20 On that score, I should say that that came up, as 

21 I recall, in the April 15th meeting, if I'm not mistaken. 

22 It was the President -- in the course of the president asking 

23 to be kept informed of these things, that he pointed out 

24 that he didn't expect to get Grand Jury information and we, 

25 of course, agreed to that. Vlhich I thought was fortunate 



(1539) 



81.2 HENRY PETERSEN TESTIMONY, FEBRUARY 5, 1974, 
WATERGATE GRAND JURY, 17-23, 29-33 



22 

) because I'm not all certain that as President he's not en- 1 

2 titled CO Grind Jury information frora Government attorneys, 

3 if it's distributed in the course o£ their duties. 

4 Q In any event, I take it you got back to the Presi- 

5 cent and told him that you could not provide him a nore de- 

6 tailed report? 

7 A That's correct, I did, and he accepted that. There 

8 was no discussion, argument, rancour, indignation, anything 

9 else — and I gave him that "no" with some trepidation, I 

10 don't mind saying. 

11 Q Now, aside from a detailed written report, did you 

12 provide all information to him, from time to time, about the 

13 progress of the investigation or the possibility of — '■ 

14 A From tine to time, but it v;as very general, in the 

15 tT-?o weeks. For example, when he called about the immunity 

16 thing, he said, "Well, vjhat else is new?" And I told him 

17 about the John Dean statement with respect to the Fielding 

18 break- in. 

19 On another occasion, Ii.told him about the conflict 

20 between Strachan and Kagruder and we were trying to resolve 

21 it and, if Strachan developed into a. witness, then we would 

22 have a prima facie case against Haldeman. 

23 ., But it vjas in the context of what I describe as 

1 

24 ultimate rather than evidentiary fact. 

25 Q VJas thare some discussion about the scheduling of 



(1540) 



81 2 BENRy PETERSEN TESTIMONY, FEBRUARY 5, 1974, 
■ aATTmr-iTF GRAND JURY, 17-23. 29-33 



,!■ 23 

i 

1 I of VJitnesses bafore the Grand Jary? 

2 A "iVill, there was some aiscLissioa about the need for, 

3 you know -- "Hurry u^^ and get this over '.v-ith." "Yes. We'll 

4 make haste as reasonably as we can." But not specific wit- 

5 j nesses, as I recall — who was coming in, v;hen, you know. 

6 Well, you kno'.*, I hesitate over that one. If I 

7 would tell him something about Strachan, he might say, "I'/ell, 

8 you've got to get this tied doxm. You've got to do this." 

9 In that sort of context. 

10 Q In substance, in discussing Mr. Strachan and his 

11 potentiality as a vJitness, did you advise the President that 

12 if Mr. Strachan came around and told the truth that he would 

13 probably be able to provide evidence of criiainal activity, 

14 linking Mr. Haldeman to those crimes? 

15 A No question about that. I mean, I cade it pretty 

16 clear, "Well, you have a reservation about Dean. Okay. But 

17 then there's Nagruder and, if Strachan comas through, Halde- 

18 nan's dead." You know, that vjas -- 

19 Q When do you recall that this took place? 

20 A I think this started around September — whatever 

21 I that month was. 

!r 

22 i Q Aoril? 

I 

23 A Anril 15th. 



24 Q oo you recall having ;>. telephone conversation with 

25 the President on the evening of April L5th? 



J 



(1541) 



81.2 HENBY PETERSEN TESTIMONY, FEBRUABY 5, 1974, 

WATERGA TE GRAND JURY, 17-23, 29-SZ 

— 29 



17 Q But, in any event, during the course of the April 

18 discussions, or shortly thereafter, there was no such sugges 

19 tion? 

20 A No, never. Absolutely not. Ch, well — you know, 

21 absolutely not, absolutely not, as far as I was concerned, 

22 but there were statements, during the course of the President' 

23 conversations with cie, "Mow, you'll have to serve as Uhite 

24 House counsel," or, "You're the adviser to the President now,' 

25 1 which I, frankly, thought was a little heavy handed. 

i 

NOTE: THIS PAGE CONTAINED THE ABOVE DELETION WHEN IT WAS RECEIVED 
BY THE COMMITTEE ON THE JUDICIARY. 



(1542) 



81 2 HEURY PETEFSEN testimony, FEBRUARY 5, 1974, 
WATERGATE GRAND JURY. 17-23. 29-3S 

30 

i !! Q Old that have nay nc-aning of any GJJStance or pro- 

2 ! cedural in.^ort? 
I 

3 I A I thought It was shear unadulterated flattery is 

i 

4 ' what I thought it was, but it was not in any conte;-ct of pro- 

5 I Else, formal assigraaent, leaving ray duties. 

6 I Q There were no strings attached, I take it, in terms 

7 of communication of information or anything along those linesf 

8 A Well, I don't think so, but I don't know what you 

9 mean by strings attached in terms of communications. "You 

10 tell ne this; I'll give you that," no. 

11 Q In terms of your being a White House counsel, if 

12 that were the case — and, of course, we're kind of talking 

13 hyperthetically through all of this, since you said it didn't 

14 I make much difference to you what he said, because you regarde(h 

15 it as flattery, but was there any concept of confidentiality 

16 of communication or of a knowledge that you had obtained from 

17 some source? 

18 A You mean, "You and I stick together, buddy. I'll 

19 make a big man of you"? No. Uh-uh. 

20 Q No. I wasn't implying that. I was implying the 

21 possibility that, if you were counsel to the President and ha(^ 

22 learned certain information, there might be an attorney-clien^ 

I 

23 ji privilege to which would not maintain just wearing your 

24 Department of Justice hat. I take it there was no such dis- 

I 

25 i cussion? 



(1543) 



1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 



81.2 HENRY PETERSEN TESTIMONY, FEBRUARY 5, 1974, ^ 
WATERGATE GRAND JURY, 17-23, 29-S3 -''- 

A No, no. Inuee-i, I never thou'/nc ol myst?!!' :zg any- 

I thing other than Ajsistant ACtovntiy GerisraL in the .rei.-artnieni: 
i 

of Justice who xias tryin,^ to advise the President of ir.fonr.a- 

I tion I thought he should probably be advised of, so that he 

i 

■ could take the necessary action to '.rotect the Presidency or 

I 

the United States. 

Q Was there ever a discussion about convening a new 

Grand Jury to present this information to, as opposed to this 

Grand Jury before which you are now appearing? 

A Not to tcy knowledge, no. 

THE FOREMAN: I just want to extend something in;.Mr. 

Ben-Veniste's investigation. 

Your. testinony is that you were never approached, 

directly or indirectly, by intimation, that, in view of your 

understanding of the investigation or possession of a great 

deal of factual information, as far as this investigation was 

concerned, that you should, in a sense, not necessarily switcl 

sides, but work more in conjunction with the plans of the 

President's lawyers rather than the Department of Justice? 

THE WITT7ESS: No, there was not. But, you know, 

this debate goes on and it's a very, very difficult debate. 

The Department of Justice, as an institution, you know, has 

a duty, an obligation and responsibility of representing the 

Presidency. 

And the Presidency is soriething, obviously, larger 



r\ 



(1544) 



11 81.2 HENRY PETERSEN TESTIMONY. FEBRUARYS, 1974, 
)| WATERGATE GRAND JURY, 17-23, 29-33 



than the eiicdrrber.t . And it seeos tc ne that -we dcbat-3 chis 
2 I' least wsekly even now. 



I! 



3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 



The question of the subpoena on the Fresidant, Cor 
ejcacple, out of the local case. The White House wanted as to 
I represent them. The Criminal Division, the Associated Genera 
Office, they didn't care who, and we had to decline. And 
yet, in declining, vje had to recognize that we do have an 
obligation to represent the Presidency. 

• So the middle ground that we arrived at is that if 
there's an adverse decision, we will appear aaaicus in the 
Appellant Court but we will not represent the White House as 
a party to the proceedings. 

So, too, with respect to the decisions on the sub- 
poenaes by the Ervin Coianittee. The request was made that 
Bourke appear on the five tapes of conversations in the 
District Court and, Bourke being the Solicitor General, we 
refused, again, on the same ground. But we might, later, 
have to file brief amicus again to represent the Presidency 
with respect to the 500 or so documents subpoenaed by the 
Ervin Coinaittee — the same debate, the same resolution. 

These are terrible questions. We do represent the 
legal office for the President and the Government of the 
United States. 

TH£ FORCIAM: My question was less towards the De- 

i 

partment of Justice Criminal Division or you, as Assistant | 

I 



(1545) 

35-904 O - 74 - pt. 3 -- 30 



81.2 HEflRY PETERSEN TESTIMONY, FEBRVAFYS, 1974 

WATERGATE GRAND JURY, 17-23, 29-S S ' 3 J 

Attornay General, than Henry Petersen as a lawyer who kno-vs. 

2 I THE UITNTi'iS: Would quit and rei-reseat then? r.'o-. 

3J Indeed, 1 couldn't do that. That's a clear ^professional con- 

j 

4 I f lict of interest. Tliey nay not r'?co^^p.ize it, but there ara 

5 a lot of things they ap;.arently don't recognize. 

6 THE FORSrAN: I was asking for your reaction. My 

7 question was asking if the subject had ever been broached to 

8 you by anyone. 

9 THE WITNESS: No. The only offer — that's not 
.10 correct. The only statenent that was ever nentioned or made 

11 by the President, which I felt was Indiscreet and I mention 

12 it only in -- I'd not sure that it's really germain — I 

13 thin'<c was on one of the occasions he asked me would I like 

14 to be Director of the FBI, and then he went on and talked 

15 for about fifteen minutes and I indicated that that was not 

16 one of my anbitions. 

17 If I became Director of the FBI, that was fine; if 

18 I didn't, that was fine, too; and that's the way we left it. 

19 But that having come subsequent to the disclosures x^ith res- 

20 pect to Judge Matt Burn, I thought it was an indiscreet thing 

21 to say. 

22 But I have to say that he was quick to say, "I'm 

23 not offering you the job." 



24 BY l-fK. 3EN-VENI?.TE: 

25 Q V7hen was this? 



(1546) 



82. On April 20, 1973 Herbert Kalmbach was scheduled to testify 
before the Watergate Grand Jury. On the afternoon prior to his 
scheduled appearance, John Ehrlichman and Kalmbach had a telephone 
conversation, which was taped by Ehrlichman without Kalmbach 's know- 
ledge, during which they discussed Kalmbach 's payment of funds to 
the Watergate defendants. 



Page 

82.1 Transcript of a telephone conversa- 
tion between John Ehrlichman and 
Herbert Kalmbach at 4:50 p.m., 
April 19, 1973, SSC Exhibit No. 77, 

5 SSC 2215-17 1548 

82.2 Herbert Kalmbach testimony, 5 SSC 2162-63 1551 



(1547) 



82.1 TRANSCRIPT OF EHRLICHMAN/KALMBACH CONVERSATION, APRIL 19, 1973, 
SSC EXHIBIT NO. 77 , 5 SSC 2215-17 



I 

n 



2215 

Exhibit No. 77 

Conversation with Herb Kiiluibach — April 19, 1373,4:50p.m. 

E EhrliLliman 

K Kalmbach. 

E Hi, how are you? 

K I'm pretty good. I'm scheduled for 2 tomorrow afternoon. 

E Where — at the jury or fli»' V.S. .Vttorney ? 

K At the jury and I'm scheduled at 5:30 this afternoon with Silver. 

E Oh, are you? 

K Teah. I just wanted to run through quickly several tliin.^s, John, in line 
with our conversation. I got in here last night and there was a telephone 
call from O'Brien. I returned it, went over there today and be said the 
reason for the call is LaRue has told hiiu to ask him to cull me to say that 
he had to identify me in connection with this and he wanted me to know 
that and so on. 

E Did he tell you about Dean? 

K Nope. 

E Well Dean has totally cooperated with the U.S. Attorney in the hopes of 
getting immunity. Now what he says or how he says nobody seems to be able 
to devine but he 

K The whole enchilada? 

B He's throwing off on Bob and me heavily. 

K He is? 

E Yep. 

K He is. 

B And taking the position that he was a mere ajrent. Now on your episode he 
told me before he left, so to speak, he. Dean, told me that really my trans- 
action with him involvinj: you was virtually m.v only area of liability in this 
thing and I said, well. .Tohn. what in the world are you talking about? He 
said, well I came to you from Mitchell and I said Mitchell nee<ls money 
could we call Herb I\almbach and ask him to raise some. And I said, and 
Dean says to me, and you said yes. And I said yep. that's right. And he said 
well that does it. And I .said well that's hard for me to believe. I don't under- 
stand the law but I don't think Herb entered into this with any ^lilty intent 
and I certain didn't and so I said I just find that hard to imagine. Now 
since then I've retained counsel. 

K Oh, you have? 

E Very good and who agrees with nie that it is (he remotest kind of nonsense 
but the point that I think has to be clarified, that I'm going to clarify if I 
get a chance, is that the reason that Dean had to come to me and to Bob 
where you were concerned is that we had promised .von that you tronld not 
be run pillar to post by Maurice .'>tans. 

K And also that you knew I was your friend and you knew I was the President's 
attornev 

E Sure 

K Xever do anything improper, illegal, unethical or whatever. 

E Right. 

K And 

E But the point is that rather than Mitchell calling you direct Mitchell k-new 
darn well that yon were no longer available. 

K Tep 

E Now this was post April 0. was it not? 

K Tep. April 7. 

E So that Mitrhel and Sfnns bnth knew that there wasn't nn- -oinf in callinir 
you direct because we had gotten you out of that on the pretext that yon 
were goiiii to do tliiiis« for ii<. 

K That's ri!:ht. 

E .\tid so ir was necessMry for Pivni to c^nie to nie and tben in tiirr ro l^ol> nnd 
lilo.id a very urgent case witli^nt rp:iUy iri-ttiiiir intn :<nv siv.-ifn's excenr to 
s.iy you h.ld to trust me. this is vi-ry iiii'iortnit. :it»! M-rrh-^H is ii;> liis trem- 
or. voM know. J u»-.\u is rcillr \\.)rrii'il : he iliihi'r use t!t:if phr:'s,.. l.nr be is 
r.\illy i-KtMcised .ihniit tliis .\riil I s:ii.l well. .T.>liu. if yi>n roll uie it's that 
import;! tit. why yes. 



(1548) 



82. 1 TRANSCRIPT OF EHRLICHMAN/KALMBACH CONVERSATION, APRIL 29^ 1973, 
SSC EXHIBIT NO. 77, 5 SSC 2225-17 

2216 

K Yau know, whtii you and I tall^efl and it was after John hart ;rtven me 
that word, and I camp in to asU ymi, John is this an assi^aiment I have to 
take on? Vou said, yes it is period and move forward. Tlien that was all 
tliat I needed to l>e assured tliat t wasn't iiuttinj; my family in jeopardy. 

E Sure. 

K And I would just understand that you and I are alisoUifely together on that. 

E No fiuestion about it, Herh, tliat I would never knowinjjly have put you in 
any kind of a spot. 

K Yeah, ^^"ell and when we talked you knew what I was ahout to do, yon know, 
to go out and set the dou^h for thi.s purpose; it was liumauitarian. 

E It was a defense fund. 

K ... to support the family. Now tlie thing that was disquietinR aliout this 
thins uith O'Brien was that lie said that there is a massive campaign 
evidently under wa.v to indict all tlie lawyers includinc you. Herb, and I was 
a little shocked and I gue.ss what I need to get from you, John, is assurance 
that this is not true. 

E Well I don't know of any attempt to target you at all. My hunch i.s that 
they're trying to get at me. they're trying to corroborate. See what they 
said to Dean is that he gets no consideration from them unless they can 
corroborate Haldeman and my liabilit.v. 

K God, if I can jtist make it plain that it was humanitarian and nothing else. 

E Yeah, and the point that I undoubtedly uever expressed to you that I con- 
tinually operated on the ba.sis of Dean's representations to me. 

K Y"ep. It was not improper. 

E Right. 

K And there was nothing illegal alx)ut it. 

E See, he's the house lawyer. 

K Yep, exactly and I just couldn't believe that you and Bob and the President 
just too good friends to ever put me in the position where I'd be putting my 
family on the line. 

K And it's just unbelieveable, unthinkable. Xow shall I just — I'll just if I'm 
asked by Silver I'll just lay it out just exactly that way. 

E Y'eah, I wouldn't haul the President into it if you can help it. 

K Oh. no, I will not. 

E But I think the point that which I will make in the future if I'm given the 
chance that you were in^t under our control in any sort of a slavery sense 
but that we had agreed that .vou would not be at the beck and cull of the 
committee. 

K And, of course, too, that I act only ou orders and. you know, on direction 
and if this is something that you felt suSiciently iniiwrtant and that you 
were assured it was altogether proiier, then I would take it on because I 
always do it and always have. And you and Bob and the President know that. 

E Yeah, well, as far as propriety is concerned I think we both were relying en- 
tirely on Dean. 

K Yep. 

E I made no independent judgment. 

K Yep. Yep. 

E And I'm sure Bob didn't either. 

K Xoi>e and I'm just, I just have the feeling, John, that I don't know if this is 
a weak reed, is it? 

E Who, Dean? 

K Xo, I mean are they still going to say well Herb you should hare known. 

E I don't know how you coukl'vp. You didn't make any inquiries. 

K Xever. And the oidy in(iuiries I made, John, was to you after I talketl to 
.Tohn Dean. 

K .\n(l yon fuund lluit I didn't know jnst a whole helUiva lot. 

K Yon s;iid this is something I have ti> do and 

E Yeah, and the n'as<in that I .^aid that. :i.-> you know. w;is not from any personal 
iri'iuiry but u.-is oi\ tin- basis of wh.it liiid been reprcsentiMl to nie. 

K Yeah, and then on— to provide tlie defense fund and to take c.ire of the 
families uf these ffUas \\l\o wen- tlii>n 

H Imlig.-iit 

K Not then been found guilty or n"t •,niilr.v 



(1549) 



82.1 TRANSCRIPT OF EHRLICHMAN/KALMBACH CONVERSATION, APRIL 19, 1973, 
SSC EXHIBIT NO. 77, 5 SSC 2215-17 






r 

L 



2217 

And the puint being here vrithout attempting to induce them to do a daaa 

thin-. 

Absolutely not and that uas never, that wa.s exactly right. 
OK. 

Now, cau I get into see .vou tomorrow before I go in there at 2? 
E If j-ou want to. Tliey'll askyou. 
K Will they? 
E Vei). 

K Well, maybe I shouldn't. 
E They'll asU you to whom you've .spoken about your testimony and I would 

appreciate it if you would say you're talked to me in California because at 

that time I was investigating this thing for the President. 
K And not now? 
E Well, I wouldn't ask you to lie. 
K Xo, I know. 
E But the point is 

K But the testimony was in California 

E Tlie point is. Well, no your recollection of facts and so forth. 
K Tes, I agree. 
E See, I don't think we were ever seen together out there but at some point 

I'm going to hare to say that I talked to O'Brien and Dean and .Magruder 

and Mitchell and you and a whole lot of people about this case. 
K Yeah 

E And so it would be consistent. 
K Do you feel, John, that calling it straight shot here, do you feel assured as 

you did when we were out there that there's no culpability here? 
E Yes. 

K And nothing to worry about? 

E And Herb from everything I hear they're not after you. 
K Y^es, sir. 

E From everything I hear 
K Barbara, you know 

E They're out to get me and they're out to get Bob. 
K My god. Alright, well, John, it'll be absolutely clear that there was nothing 

looking towards any cover-up or anything. It was strictly for the hunumi- 

tarian and I just want, when I talked to you I ju.st want you to advi.^e lue 

that it was alright on that basis. 

On that basis. 
K To go forward 
E That it was necessary 
K And that'll be precisely the way it is. 
E Yeah, OK. 

Thanks, Herb. Bye 



(1550) 



n 



82.2 HERBERT KALMBACH TESTIMONY, JULY 17. 197Z, 5 SSC 2162-63 

2162 

seekin": immunity and that he, Dean, had sworn off on Bob Haldeman 
and John Ehrlichman, didn't he? 

Mr. Kalmbach. I think that is substantially what I remember. 

Senator Er\ix. And didn't he suggest that you testify as far as you 
could so as to implicate Dean and exonerate Haldeman and Ehrlich- 
man? 

Mr. IvALMBACir. I did not so understand it, Mr. Chairman. I under- 
stood him to say to tell the complete truth. 

Senator Er\ix. "Well, let's see. Didn't he tell you, among other 
things — didn't he say this: "I wouldn't haul the President into it if I 
could help it." 

Didn't Ehrlichman ask you that ? 

ilr. Kalmbach. Excuse me, Senator, may I read this, please ? 

Senator ER^^^^ The top of page 4. 

Senator "Weicker. Mr. Chairman, in fairness, wouldn't it be proper 
to give the witness a few minutes to read the entire document that has 
been presented to him ? Apparently, it is the first time he has seen it. 

Mr. Kal^ibach. It is. 

Thank you very much. 

Senator Baker. Mr. Chairman. I would also like to say that it is my 
tmderstanding — I missed it in your inquiry — that what you are read- 
ing from is a question and answer telephone convereation transcript, 
which was apparently recorded and submitted to us by Mr. Ehrlich- 
man in the course of his interview. And also in fairness, as Senator 
Weicker said, to the record, I wonder if we might have the entire 
document included in the record so that it will be available for ready 
reference. 

Mr. O'Connor. May I say this, Mr. Chairman ? 

Consistent with the fact that as of March 15. when Mr. Kalmbach 
and I fii-st declared that we would cooperate with this committee and 
have done so up until this time. I believe it was upon our advice that 
Mr. Dash and Mr. Lenzner became aware of this verv tape. AVe have 
not, however, as yet, read it and we would appreciate that opportunity. 

Senator Ervix. I was under the impression, and I am sor^^• if my 
impression was wrong, that Mr. Kalmbach had a c«pv of this. Cer- 
tainly, I don't want to be unfair to anybody and I certainly would ac- 
cord him an opportunity to read it. 

Mr. KALirBAcii. Thank you. 

Senator Baker. Mr. Chairman. I wonder if there is any objection 
on the liehalf of the committee or the witness to including this as an 
exhibit in the record ? 

Senator ER\^x. None. 

Senator Baker. May I ask unanimous consent that it be included 
as an exhibit in this record, appropriately numbered. 

Senator Ervix. That will be done and it will be nimibered as an ex- 
hibit and included in the record as such. 

[The document referred to was marked exhibit Xo. 77.*] 

Mr. Kalmbach. Yes. sir. 

Senator Er\tx. In this telephone conversation which was taped by 
John Elirlichman, is it not recorded that John Ehrlichman told you, 
and I refer to page 3, that they, that is, the prosecuting attorneys, were 
trying to get at him, that is John Ehrlichman, and that tliey would 



•Sec p. 221.'i. 



(1551) 



82.2 HERBERT KALMBACH TESTIMONY, JULY 17, 1973, 5 SSC 2162-63 

2163 



give Dean no consideration unless they can corroborate Halil 
Ehrlichman's liability. In other words, did he not tell you in 



ilcman and 

- _,_- in substance 

that the prosecuting attorneys were trying to get at him, John 
Ehrlichman ? 

Mr. K.VLMBACH. He indicated here and, incidentally. Air. Chairman. 
I cannot again tell you or the meinbei-s of this committee my reaction 
of the time that I learned I had been taped without mv knowledge 
or consent. I just, cannot express the feelings at that time. Hut I am 
sure you understand. 
"* Senator Ervix. Well, did he not state that to you at that time ? 

Mr. IvALMB-vcir. He stated as per the testimony: yes. sir. 

Senator Ervix. Yes: and he stated that there was no chance for Dean 
to get immunity unless Dean could substantiate some liability in the 
matter on the part of Plaldeman and Ehrlichman? 

Mr. IvALjrBACH. Again, per this testimony. Mr. Chairman. 

Senator Ervix. I call your attention to the statement made by Ehr- 
lichman at the bottom of page 2: "And so it was necessary for Dean 
to come to me,"' that is, Ehrlichman, "and then in turn to Bob and 
plead a very urgent case without really getting into any specifics ex- 
cept to say you had to trust me, this is very important." and Mitcliell 
is up his tree, or you know, I moan is really" woi-kcd up. he did not use 
that phrase, but is really exercised al)out this. And I said woll. .John, 
if you tell me it is that im])ortant. why. yes."' Xow. was not Ehrlich- 
man thereby saying that John Dean had come to him and Hob Halde- 
man with this plan to use this money and pay it to the defendants and 
their families, and that he said to'Dean : "If that is important, he 
asked for him to go ahead with the project"" '. 

Mi-. K.vLMBACJr. Tiiat is the way I would read this. 

Senator Er\ix. Yes; and then you said back to John Ehrlichman, 
"You know, when you and I talked and it was after John had given 
me that word, and I came in to ask you, "John, is this an assignment 
I have to take on ?" You said. "Yes, it is — period — and move forward.' 
Then, that was all that I needed to be assured, that I was not putting 
my family in jeopardy."" 

And Elirlichman said, ''Sure."* 

Afr. IvALMiiAcii. That is correct. 

Senator P^rvix. Then, you said, "And I would just understand that 
you and I are absolutely together on tliat."" meaning you both agreed 
on that i^oiiit. 

Mr. Kai,j[iiach. That is what he had told me in the office: yes. sir. 

Senator Ervix. Xow, this convei-sation indicates an agreement on 
your part to testify that the use of this money was for humanitarian 
puri)oses. 

Ml. Kai.mbach. Xo. sir. 

Senator Ervix. "Well, let us see what does this mean. 

Ehrlichman said, ''Well, I do not know of any attempt to target 
you at all. My hunch is that they"re trying to iz^t at me: they'iv tr\ing 
to corroboiate. See what they said to Dean is he gets no considei-atiou 
from them unless they can coi-roborate Haldeman and my liability."' 
And you <tated, "God, if I cau just make it plain that it was humani- 
taiian and nothing else."" 

Mr. KAr,:vrB\( II. That is exactly what I uudei-stood at the time. 

Senator Er\ IN. Yes. 



(1552) 



83. On April 22, 1973, Easter Sunday, the President telephoned 
John Dean from Key Biscayne, Florida. Dean has testified that the 
President called to wish him a happy holiday. 



Page 

83.1 Meetings and conversations between 
the President and John Dean, April 

22, 1973 (received from White House) 155A 

83.2 John Dean testimony, 3 SSC 1020 1555 



(1553) 



83. 1 MEETmCS AND CONVERSATIONS BETWEEN THE PRESIDENT AND 
JOHN DEAN, APRIL 22, 1973 

April 16, 1973 

AM 10:00 10:40 President met with Mr. Dean in Oval Office. 

PM 4:07 4:35 Prssident met with Mr. Dean in the President's 

EOB Office. 

4:04 4:0 5 President talked with Mr. Dean. (The President 
initiated the call. ) 



April 17, 1973 

AM 9:19 9:25 President talked with Mr. Dean. (The President 

initiated the call. ) 



I i 



_____ luibau 

April 22, 1973 

AM 8:24 8°:39 President phoned Mr. Dean from Key Biscayne. 



!f] 



(1554) 



c 



f^.^.2 JOHN DEAN TESTIMONY, JUNE 25, 1973 . S SSC 1020 

1020 

the million dollar conversation and the fact that he had talked to 
Colson about clemency for Hunt. I do not in fact know if such a tape 
exists but if it does exist and has not been tampered with and is a com- 
plete transcript of the entire conversation that took place in the Presi- 
dent's office, I think that this committee should have that tape because 
I believe that it would corroborate many of the things that this com- 
mittee has asked me to testify about. 

'WTien the President issued his statement on April 17 in which he 
was quite obviously trying to affect any discussions I was having with 
the Government regarding my testimony by inserting the phrase 
therein regarding "'no immunity" and combined with the fact that he 
had requested that I sign a virtual confession on ilonday of that week, 
I decided that indeed I was being set up and that it was time that I 
let the word out that I would not be a scapegoat. Accordingly, on April 
19, 1 issued a statement to that effect. 

After my statement of April 19, 1 had virtually no contact with the 
members of the White House staff. I did have occasion to speak with 
ilr. Garment however. I recall asking him who had placed the 'Tio 
immunity" paragraph in the President's statement. Garment said while 
he did not know for certain, he believed that Ehrlichman had placed it 
in the draft because it had not been there in the earlier drafts, but was 
in the draft that emerged from Ehrlichman's consideration when 
Ehj-lichman went over the final statement with the President. 

On April 22, Easter Sunday, the President called me to wish me a 
Happy Easter. It was what they refer to at the White House as a 
"stroking" call. 

On April 30, while out of the city, I had a call from my secretary in- 
which she informed me that the wire services were carrying a story 
that my resignation had been requested and accepted and that Halde- 
man and Ehrlichman were also resigning. 

Mr. Chairman, this concludes my rather lengthy statement. I apolo- 
gize again for its length, but I have sought to comply with the com- 
mittee's request to provide the committee with a broad overview of my 
knowledge of this matter. 

Senator Ervix. Without obi'ection on the part of any member of the 
committee, the chairman at this time will admit into evidence all of 
the exhibits identified by the witness in the course of his testimony 
except exhibits Nos. 34-5, 34^6, 34-7, and 34-8 whose admissibility will 
be considered later by the committee. 

The committee will stand in recess until 10 o'clock tomorrow 
morning. 

["\^Tiereupon, at 6 :05 p.m., the committee recessed to reconvene at 10 
a.m., Tuesday, June 26, 1973.] 



(1555) 



84. On April 25 and 26, 1973 Presidential aide Stephen Bull delivered 
a number of tape recordings of Presidential conversations to H. R. 
Haldeman. At the President's request Haldeman listened to the tape 
recording of the President's March 21, 1973 morning meeting with John 
Dean, made notes and reported to the President. 



Page 

84.1 Meetings and conversations between the 
President and H. R. Haldeman, April 25-26, 

1973 (received from White House) 1558 

84.2 Portion of log of access to tapes of 
Presidential conversations maintained by the 
Secret Service, Erfiibit 7, In re Grand Jury , 

Misc . 47-73 1559 

84.3 H. R. Haldeman testimony, November 8, 1973, 

In re Grand Jury , Misc. 47-73, 927, 937-38 1561 

84.4 Stephen Bull testimony, November 2, 1973, 

In re Grand Jury , Misc. 47-73, 344-45 1565 

84.5 President Nixon statement, November 12, 

1973, 9 Presidential Documents 1329 1567 

84.6 H. R. Haldeman testimony, Watergate Grand 
Jury, January 30, 1974, 25-31 (received 

from Watergate Grand Jury) 1568 

84.7 H. R. Haldeman notes of listening to tape 

of March 21, 1973 meeting (received from Water- 
gate Grand Jury) 1575 

84.8 Raymond Zumwalt testimony, November 1, 1973, 

In re Grand Jury . Misc. 47-73, 96-97 1606 

84.9 H. R. Haldeman calendar, April 25 and 26, 

1973 (received from SSC) 1-608 



(1557) 

35-904 O - 74 - pi. 3 -- 31 



■■ 84.1 mETINGS AND CONVERSATIONS BETWEEN THE PRESIDENT AND 
H. R. HALDEMAN, APRIL 25 - 26, 1973 

11. R. Haldeman -64- 

April 20, 1973 S;5^^ '■• 

W J . J 

AM 8:15 8:39 President met with Haldeman 

8:39 10:35 President attended Cabinet Meeting. Mr. 

Haldcinan was present. 
11:07 11:23 President met with Haldeman 

PM 12:15 12:34 President met with Haldeman and Ehrlichman 

Kissinger 12:15 - 12:16 



April 22, 1973 

AM 9:45 10:16 President placed long distance call to 

Haldeman 



F 



April 25, 


1973 




AM 


11:06 


1:55 


PM 


4:35 


4:36 




4:40 


5:35 




6:57 


7:14 




7:46 


7:53 



President met with Haldeman and ~^ J ^y< 

Ehrlichman ^-<<^ 

President received local call from Haldeman 
President met with Haldeman 

T. Hart 5:30 - 5:32 

President placed local call to Haldeman 
President placed local call to Haldeman 



April 26. 1973 

AM 8:55 10:24 President met with Haldeman 

PM 3:52 3:54 President received local call from Haldeman 

3:59 9:03 President met with Haldeman 

Bull 5:45-5:47 & 7:50 - 8:00 

Ehrlichman 5:57 - 7:14 

Ziegler 6:25 - 6:33 & 6:35 - 6:37 

9:57 9:59 President placed local call to Haldeman 

10:02 President received LO NC - WH Switchboard 

L operator conveyed message to President 

10:07 10:09 President placed local call to Haldeman 



(1558) 



84.2 PORTION OF LOG OF ACCESS TO TAPES OF PRESIDENTIAL 
CONVERSATIONS miNTAINED BY THE SECRET SERVICE, 
EXHIBIT 7, IN RE GRAND JURY, MISC. 47-73 



/■;;--/■-;[ 



l:.:-h^'i^-t,ritt.AtS-:SL^i ■']} :.SSEn3t%r-ris:^OTe!2f»?^f'-»r;:'«5^Jt:-^ t-. 



M , i r' 



L' e 



iV I,- /'.• r', I J. /■■ /■',. //, -;'. /.^ /.' ,/; // ,1/ 




. 1 



[■-^ i-. '■ 



:^-''.'^ 



i 



■>}, •■i'^* ■'■■"• 



*-• '..V • 
yr-"rT. ' 



■~ i^ 



.'•*, 






V= ■•?%;..v.;--''^ 



■.ikJ 



-^"^ i?i 









(1559) 



84.2 PORTION OF LOG OF ACCESS TO TAPES OF PRESIDENTIAL 
CONVERSATIONS MAINTAINED BY THE SECRET SERVICE, 
EXHIBIT 7, IN RE GRAND JURY, MISC. 47-73 



Oc'/^l 



' ':J^l 



3//2/7 



'.3' -^ 



■/A oJ'yl 



JAz/7^ "^^ 




-3//3/73 - 

^/^/^ 

I /F. f-OS J/jPo - 3/2-2, 



-e' ><iZ^^ ^^7\^ 



r 



(1560) 



84. S H. R. HALDEMM TESTIMONY, N0VEt4BER 8, 1973, 
IN RE GRAND JURY, MISC. 47-73, 927, 937-58 

- 9^7- 
ulticatciy to Mr. Bull ovd I jjobably eonUected hlri directly. 

Q Ycu doQ*t ttave a cieu* recojiectioo at eil as to 

whethEi' It jcss ^s^. Bull cr scsneon'e else 

A Ko - I don't, 

Q IT it ass EC:.=ueoD€ else, ccasld it Jsave been anyotie 

otiier than 5--ir. Hisbj? 

A I doo't believe so - ao. 

Q So ycu ^skcd either l^. Bull or ?!r. n'sby to 

eecure sotce aateriai for vca? 

A "Sees, 

Q Est* wl'int fio jou recall eskJlrig for? 

A Jty S'ecoliiKJtlon is eskics Tor the r'jerch HI tepe* 

Q What do you j'ecsli sa^lm la &ubstGnce~ 

A "Oct ce the tapa for ttie Frealdent'e toetlna 

jia Kzircii 2ict with Joua i:eaa, 

A Ko» let KC Esy ttot tnst sounds like a dii^ect quote 

~ X <5oa*t cj«2n it to &o sound. Ycu ssked se if I recnil 
eayics — 2 mvo co utility to tell yoj precisely t.'het ay words 

Q j«.-2i^^2t£nco - t.ne question Kas in cubst£r»ci wh£t 

j-c^ £.5ld — £5Sif fpots KhC'rvj Ci& you recolvG the Eaterlai? 

A I U-J.nk I rcceiveiJ it Cirectiy fro:^ ruf. Bail. 

Q Do yo:^ jfeccil tcvln:-: a ccni/ci'sttlnti v^'ith Jcc. Bull 

(1561) 




r 



84.3 H. R. HALDEiUiV TESTIMONY, NOVEMBER 8, 1975, 
IN RE GRAND JURY, MISC. 47-7Z, 927, 937-38 

-937- 

A Yes I would have no qusrrcl wltii that . 

Q iio'd When W23 the next CQuversatloo ttJCtt ycu t&C 

6 bout liMtCTzlc^ to tapes? 

A I fia ttot sure but Curias tne discussion «ith 

tho PrcsixSent &u tbe £ljtu of Ai.rll, ee the established date, 
trhlch I ae Kiiiics to accept - that It probablsf Is -- 

Q Are 5'ou Clscusclas no« the first converostloo 

«• the on« aftep ilstecins to the taps? 

A l«s> — one efter* 

Q — or the oae eftocT 

A After JListening to tbe tape, v/hen I ret-cjrted on 

the 'vSps, tho oontcsDt tf tha tape, to U\e President, 
atxl triS qucstieo was roised, it «as either his Brcz^-3tloa or 
isine - anyway tiiat tho coaciucion was that X cm&nt now 
to listen to tna tape aijain, iscke en attssspt to escertsln tJ.a 
ecsvs-srs to the points of doubt ti\et hfwS ccsta up, £Rd 
fto oa, cr the a^blsuities Id siy s-.ird ss to tcret trie tfice said, 
in particular arcsts - acd et ooae point rul/sequeut to that 
Eectlr.g I nedc a reciueGt of Kr. Bull ^- ai^ I presuse egain 
it raisfit h&ve been thrsuih Mr. Biaby — to }-^ve the t-eps 
rcturt>e«X to ii:e with tho t^pa rccw.v3er tut ttjic tic:o with a 
tape re-c order that V^a en ecr phoue or 8 ne£t5 set att-ccur-.ciif- 
on it oo that I Ccuici il.r:ten t!itoj.£,n tho head fiet vihic; •• .~. d 
enable ce to turn the viiiriie up gkI Le able to i.t^r tr.& 



(1562) 



84.2 H. R. HALDEMAN TESTIMONY, NOVEMBER 8, 1972, 
IN RE GRAND JURY, MISC. 47-73, 927, 927-28 

- 937- 
content more efficiently than It was through the apeaker 

systaTi on the original tape machine. 

Q Now, I take it that when I asked you a fevf 

minutea ago to explain whether there was any conversation 
vflth the President after you had repoted tc hinjabout listening 
to other tapes, you excepted from that the question of the 
March 21 tape? 

A That is correct - you said other tapes. 

Q Right - I did. Do you recall h&ving any conversation 
with Mr. Bull the fcllowins day, April 26th? 

A I laave already indicated to you that at soT.e point 

eubBequent to ey discussion with the President, followlns 
ir^ returning of the tape the first time, I asked for the tape 
back for another review. 

That conversation would have been with Mr. Bull 
I presume although I have cald it might have been throush 
Mr. Hlgby and I don't know whether that «as made on tmt day 
- the 5th - or the 26th, or a subsequent date. I can't 
remeaiber that. I ara ndjsure. 

Q How, by this tice of course", you had isolated 

which tape it was that you were interested in -- and that 
was on one reel, I assume? 

A The March 2lBt tape? Right. 

Q It was on one reel of tape - it did not continue 



(1563) 



84.3 H. R. RALDEMAN TESTIMONY, NOVEMBER 8, 1973, 
IN RE GRAND JURY, MISC. 47-73, 927, 937-38 

' 938- 

over to another? one? 

AS. That is ny recollection. It waa all on cnexeei 

ersS it «6& only parfc cf t^»at reel. 

Q AoS it ha<S. sosa sritiurj sn ti-^o back of the reel 

or on tbe tox? 

A The box was ideotiried as Iterch 21, 00, es I 

recall. 

Q And ycsi fii2i3e a request of Hr. Etiil for the :<iarcS3 21 

00 tape because you v.-a.o'cea to listen to it a^aln - either 

fitp, Bali or Mr. Hitby? 

A That is correct — uos a£;r.in I iiavo to eatabiish 

tlTGt I Bd not clear as to whether I celced for that tape ta* 
for tbe tapes that I ^a<3 teen &ivcn earlier - the ssR-.e group 

cf tapoo. 

Q Because ha fcrou£ht all c2 tapes t^clc asain - ic 

ti:>at iiot CO? 

A It pr&bably is. 

Q Weil (So jou recall receivlns ona tap« or i.'2 

tsv^os? 

A . . Ko - a erajp cf tfipes. A group of tap-cs - I can't 
confirs 22, tut tnere wao racre tfisn orte. 

Q Kho o&vQ jou c»r bho brcjj::htycu thiat jjrcnip of 

tcpco t!.3t you received? 

A To t.'-;e l^est of =;/ recollection it kf.b 'jr. Bull. 

Q Ard Cid you i^ve tare ccnvcrwC-tion uitir; \'x'. I-uii 

(1564) 



r" 



84.4 STEPHEN BULL TESTIMONY, NOVEMBER 2, 1973, . 

IN RE GRAND JURY, MISC. 47-7S, 344-45 34 4 

BY MR. PARKER: 
Qi Is that correct, Mr. Bull? 

THE COURT: That is what he said. 

THE WITNESS: I said approximately April 22nd, sir, 
BY MR. PARKER: 
Q. T think the pending question was whether Mr. Haldema^ 

gave you a list of tapes or spoke to you orally? 

K 'Mr. Haldeman in some way communicated the tapes that 

he wanted. However, I do not recall whether he gave it to me 
verbally, and I wrote it down, or he gave me a list. 

Ql And then you spoke to Mr. Sims or Mr. Zumwalt? 
A. Yes. 

Ql And did you actually obtain the tapes requested 
by Mr . Haldeman? 

ft. Yes, I did speak to one of those two, and I did ob- 
tain tapes, although I do not recall whether I obtained all of 
the tapes that were requested. 

Q. And did you furnish the tapes that you obtained to 

Mr. Haldeman? 

ft. Yes, I did. 

Q. And did you receive them back from Mr. Haldeman? 

A. As I recall, I did. 

Q. And do you know whether you received back from Mr. 

Haldeman all of the tapes that you gave him? 

A. As I recall, I did. 

. I 



(1565) 



84.4 STEPHEN BULL TESTIMONY, NOVEMBER 2, 1973, 

IN RE GRAND JURY, MISC. 47-73, 344-45 34 5 

0. And did you then return them to the Secret Service, 

sir? 

A. Yes, sir. Either I returned — I probably asked 

them to pick them up, 

Q. Do you recall the period of time that Mr. Haldeman 

had the tapes? 

A. As I recall, it was approximately one day. 
Q. Mr. Bull, let me show you Exhibit 7 that has been 

placed in evidence, which is a log maintained by the Secret 
Service that indicates certain tapes being checked out on the 
25th of April and returned on the 25th of April, and others, or 
at least a notation that tapes were apparently checked out on the 
26th of April and returned on the 2nd of May, and let me ask you 
if that refreshes your recollection as to the obtaining of tapes 
and the returning of then? 

MR. BEN-VENISTE: Your Honor, I was not aware the 
witness had indicated his recollection needed refreshing. 

THE COURT: v;ell, let us find out. Can you testify 
without referring to Exhibit 7? 

THE WITNESS: No, sir, I have never seen this item 
before. 
■"■"* THE COURT: Very well. 

MR. PARKER: V/ell, let me rephrase the question. 

THE COURT: Suppose you exhaust your own recollectior 
first before looking at the exhibit. You might ask him about his 

I ■ ■'] 

(1566) 



84.5 PRESIDENT NIXON STATEMENT, NOVEMBER 12, 1973, 
9 PRESIDENTIAL D0CUt4ENTS 1329 . 



Administration of Richard Nixon 

PRESIDENTIAL DOCUMENTS 

Week Ending Saturday, November 17 , 1973 



Presidential Tapes and Documents 

Statement by the President Outlining Procedures 
To Provide Injormation Related to the Watergate 
Investigation to the Chief Judge of the United States 
District Court for the District of Columbia. 
November 12, 1973 

As a consequence of the public disclosure, 2 weeks ago, 
that two conversations of the President were not recorded 
on the White House recording system, doubts have arisen 
about just what happened to these conversations and 
why they were not recorded. The purpose of this state- 
ment is to help dispel those doubts and to spell out certain 
steps I will take to offer information to the court that will 
help determine the substance of all nine conversations 
subpoenaed by the court. 

First, there are no missing tapes. There are two con- 
versations requested by the courts which were not re- 
corded. The first is a 4-minute conversation with the 
former Attorney General, John Mitchell, on June 20, 
1972. The second is a meeting of 55 minutes with John 
Dean, late in the evening of Sunday, April 15, 1973. 

There is no question in my mind but that the open- 
court hearing, now being conducted, will demonstrate 
to the court's satisfaction the truth of our statements that 
these two conversations were never recorded. In fact 
there is no affirmative evidence to the contrary. I believe 
that when the court concludes its evaluation of the testi- 
mony and documentary evidence, public doubt on this 
issue will be completely and satisfactorily removed. 

In the meantime, I believe it important to make a 
statement about this proceeding so that misconceptions 
about this matter do not persist, simply because certain 
basic facts are not presented to the .American public. 

First, the .Senate Select Committee did not subpoena 
the substance of the two unrecorded conversations. That 



material was requested only by the Speciad Prosecutor, 
and the court, who believed the substance of nine presi- 
dential conversations was necessary for completion of the 
Watergate investigation. 

We are complying fully with the Federal court decision. 
In seven of nine instances, the actual recording of the 
conversation is being submitted; this includes five con- 
versations in which John Dean participated — Septem- 
ber 15, 1972, March 13, 1973, two on March 21, 1973, 
one on March 22, 1973. For all nine conversations cov- 
ered by the subpoena, such contemporaneous notes and 
memoranda as were made of the conversations are being 
provided in accordance with the court order. 

Before discussing these matters, the issue of when and 
why the recorded conversations were listened to by me, 
and by others on my behalf, should be placed in chrono- 
logical perspective. 

On June 4, 1973, I listened to the tape recordings of 
a number of conversations I had with John Dean in order 
to refresh my memory of those discussions. All of the 
conversations to which I listened that day had taken place 
prior to March 21, 1973. My purpose in reviewing the 
recordings of my conversations with Mr. Dean was to 
eonfirm my recollection that he had not reported certain 
facts to me prior to March 21, 1973. In late April 1973, 
I asked H. R. Haldeman to listen and report on the con- 
versation of March 21, 1973, in which he had been 
present for a substantial portion of time. My primary 
purpose in having Mr. Haldeman listen to this tape was 
to confirm my recollection that March 21, 1973, was the 
date on which John Dean had first reported certain facts 
to me. 

There had been rumors and reports to the contrary — 
one of them suggesting that John Dean and I had met 
30 or 40 times to discu.'« Watergate — and I wanted to 
refresh my recollection as to what was the precise and' 
entire truth. 

On September 29, 1973, I began a review of the tape 
recordings subpoenaed by the Special Prosecutor for the 
grand jury and by the Senate Select Committee. The 
reason was it had been mv deliberate intention to litigate 



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84.6 H.R. HALDEMM TESTIMONY^ JANUARY ZO, 1974, WATERGATE 
GRAND JURY, 25-31 



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Q E)o you recall having a conversation with rtr. Uigby 
in tho early part o£ April concerning your being fuimishad 
I with a particular tape? 

A I don't recall such, no. 

Q You would recall that if it happanad, would you not? 
A I would think sor but I have no recollection of it. 
MR. BEN-VENISTE: I believe we have a. co^sounication 
fron Kr. Haldeman's attorney that he has an answer to the 
question about the logs. May Ilr. Haldemaa be excused to con- 
fer with coimsel? 

TH2 FOSEKAil: You nay go and consult with couasei. 



(Whereupon, the witness left 
the Grand Jury rooB to confer 
with counsel.) 

(Whereupon, the v/itness re- 
entered the Grand Cory rooa. 



BY MR. BE^I-VENISTS; 

Q Mr. Haldesan, to restate what occurred outside, that 
was isarely a suggestion by Wr. Strickler that be go back to 
his office to attsnpt to find the records we have inquired 
about. Is that co rr ect? 

A That's correct. 

Q How we were discussing the date of your first listen- 



ing to a White Eouse tape, or having one in your possession, 
and I was asking you whether it was not a fact that one was — 
one or Bore were supplied to you through Mr. Higby. Sow I 



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84.6 H.R. HALDEMAN TESTIMONY , JANUARY 30, 1974, WATERGATE 



GRAND JURY^ 25-21 



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J |l have added that "through .Mr. Hirjby-", prior to the tixiG that 
2 I you received a larga number o£ tapes oa or about April 25th. 



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A That is not ny belief or recollection, no. 

I Q It is your tostinony tha t the first tina you e'r;r 

had a tape or tapes in your possession was the occasion 30=a— 

1 time in late April, around the 25th, when you receivad a largs 

nusber of tapes all at one tir-e? 

A Yes. I have no recollection of any — the only 
reason I'm hesitating is I am trying to be sure because, as I 
an not sure of dates, I don't have a log on dates sn^ a fix 
on dates, but as we have reconstructed and did in Judga Sirica 
Court, the date, the April 25th date, would se-n to ae to be 
the tine that I listened to the tape for the first tins. That 
was the first tine I had a tape. 

Q Now on that occasion that you received, among other 
j things the April 21St tape — 

A March 21st. 

Q I'm sorry, March 21st tape, can you recall how it 
was that you received a large number of other tapes? 

A No. We have gone through this befor- and I — 

Q Well, not before this Grand Jury. 

A Oh, I thought we had whan I was in here. I'm sorry. 
I don't — the only basis would be that I had asked for or 
the request had been made for the tapes covering a nvisber of 
I conversations. The intent, as I recall it, was to listen to 



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84.6 H.R. HALDEldAN TESTIMONY^ JANUARY 20, 1974, WATERGATE 



GRAND JURYj_ 25-31 



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the March 21ot oae. 

It nay well hava been that there was an intent or 
a contingent intention to listen to others. I don't r<?call 
1 that, but I do recall there being ,a nuzber of tapes delivered 
at the tine that I first received the tapes. 

Q Did Mr. Higby play sone rola in firmishing thaae 
tapes to you? 

A I'm not sura. As I have testified before, it is 
possible and not at all unlUcely that in requesting the tapes, 
I asked Hr. Higby to get then for na, to contact" Mr. Bull, who 
was I guess at that time the contact point or the custodian 
of the taping system, or that I called Mr. Bull direct. I an 
not sure which. I could have done it either vay. It would 
hav* been a very norsial procedure either way. 

Q Now you don't recall the circuastsmces with any 
particxilarity as to why it was you \»ere furnished with a Isxge 
nuEiber of tapes. If the nuEJber twenty-two is sosisthing about 
which you cannot testify with sons clarity, I will state to 
you for the record that this is the nuinber that is indicated 
was reraoved at the tins. 

I think you have testified that it was a large n\3Sihai' 
of tapes, certainly more than a dozen, I think your testlnony 
was. 

A I'm not sure that it was put that way, but X think 
in Judge Sirica's Court questioning, I said that I had no basis: 



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84.6 H.R. HALDEMAN TESTIMONY, JANUARY 30, 1974, WATERGATE 



GRAND JURY, 25-31 



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cind no reason to quostion the logs that I thinJc you hid, or 
the listing of the tapes that had been chcckod out at thit 
time, and I v/ould so testify today that I have no basis for 
questioning that list of tapes nade or tha nurrier of taoas. 

I can't confirm that that's it, but I have no reaso- 
to question it. 

Q Going back to the date that yoa received thca, do 

you recall being surprised at the nuiztbar of tapes that weres 
furnished to you? 

A No, I don't. 

Q So that on the basis of that you would think that it 
was within your conter^plation at the tine that yoa were to 
receive a number of tapes? 

A That I can accept as a conclusion. I doa't have a 
recollection of having expected a nusbar, but I also have no 
recollection of being surprised at the ncsiber. 

Q Now what did you do after you received the tapes and 
the tape recorder that was furnished along with thara? 
A I listened to the March 21st tape. 
Q Where did you do that? 

A In a sinall annex office off the reception rooa to 
my office. 

Q For hew long did you listen to that conversation? 
A I'm not sure. I think ev log' gives soaie indication 
as to that. I don't reraaniier vjhat it was, but it was .long 



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84 6 E R. HALDEMAN TESTIMONY, JANUARY 30, 1974, WATERGATE 
GRAND JURY, 25-31 



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enougy» to go through It and make notes on the tapa. 

Q What did you listen to Eor •-tarch 21at7 

A I listenad to the recording o£ the naeting between 
the President and Mr. Dean at which I was present for the 
latter portion of it. 

Q Did you listen to the portion of the conversation 
• during -which Me.- Dean was present with the President only? 

A T think so, yes. It is rty recollection that I 
staurted at the beginning of the President's tsseting with Mr. 
Dean. 

Q And you listened through to the end of it? 

A That would be ny best recollection, yes. I thiaX I 
j did. 

Q Did you listen to sone portions nor* than once? 

A Yes, in the sensa of not being able to discern what 
was said, and going back in a short junp and listening to a 
replay bf a segment or something that was said that I didn't 
understand or didn't hear. 

Q Did you take notes? 

A Yes . 

Q Did you listen to cmy other conversation aside froa 
the one you described on that date? 

A No. 

Q What did you do after you finished listening to the 
March 21 tape? 



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84.6 H.R. HALDEt4AN TESTIMONY, JANUARY 30, 1974, WATERGATE 



GRAND JURY, 25-31 



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A I believe — and I don't know th-it I •ueni. directly, 

but I thin}: I did — that I went to the President's office. 
Hy recollection is thit it '.vaa th3 EOH office. I gave him 
a rundown on the content of the tape. 

Q Did you physically <jive your notes to hin 03 the 

content of the tape? 

A No, I didn't. I'm almost sure I ^dn'fc. 

Q Did you use your notes ia naking this report to ths 
President? 

A Yes, I'ra sure I did. 

Do you recall what you said to the Presideat in 
substance and what he said to you? 

A No, except that I tried to review for hia ths content; 
of the tapes and answer questions that he had r&aazd±ivj specific 
points in the conversation that I beard on the tape. 

Q What questions did ths President ask you? 

A There were a nuaber of then. We had had sorne dis- 
cussion at this point or at etn earlier session. I aiz nob sure. 

Q \«hat is your best recollection? 

A My recollection is that there was discussion back 
and forth on a nunber of the points that were discussed within 
the tape as to what specifically was said and what the taps 
indicated. 

My listening to the tape was under difficolt circtsa- 
stances, ajid I an not sure that I was able to answer cill of 



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84.6 H.R. RALDEMAN TESTIMONY, JANUARY 30, 1974, WATERGATE 



GRAND JURY, 25-31 



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the questions that v/ero raised. ' There was discussion oE 
specific points. 

Q Well, what do you recall? 

A I don't have any recollection of specifics. We talk- 
ed about this before here and you aslced, as I recall, the sacie 
kind of questions and I had the sase problem. 

I volunteered then and I can now to going back and 
trying to reconstruct point by point, and I can work froai the 
notes to do that, and do it naybe nore acctirately. 

Q You think you are able to discuss what questions the 
President asked you and what your responses were by reviewing 
your notes? 

A I*ra not siire that I could. 

Q Let ma ask you specifically whethar the President 
asked you if Mr. Hunt was paid his coney? 

A 1 don't believe so. 

Q You don't believe so? 

A I don't believ* so, no. 

Q Do you recall having a conversation with the 
President about whether the payment of money to Hunt constituted 
an unlawful act in substance? 

A There was discussion of that at various tijses subse- 
quent to March 2l3t- I can't pvrt a fix on what was dsicussed 
by whom at what time. 

Q Let's have your narration of what you do recall, cind 



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84.? H.R. HALDEMAN NOTES OF LISTENISG TO 
TAPE OF MARCH 21, 1973 MEETING 



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256 Mar 21 Oval 

D in 

E caught me why Gray w/hldg - instr frm us? 

wc sd no further data - but he made dec. on his ow 
won't review anything w/ us 
disc of Gray strategy - re FBI files - Ervin etc. 

any further word on Sullivan? he's going to be over to see me 
want to sec what he has 

D reason for this A-M - you don't know what I know 
so diff to make judgmts 
overall - no dbt re seriousness - cancer close to Pdcy 
growing daily, compounds itself - 

being blkmld, people wl start perjury to protect others 
no assurance it won't bust 

267 Wtgte 

std w/ instr to me from H to set up legit intell op. 
I turned to Caulficld cause not fam. w/ this 
told him come up w/ plan, 
consensus was Caulfield not man to do this 
after rejected - I was told 1701 - came up w/ Liddy 
had done extremely sens, thgs at WH 

ie Ellsbergs Dr's office etc 
Krogh sd gd man + gd lawyer 000001 

so Mag sd to M WH is pushing us 

so M sd go ahead - not knowing plan 
had lot of diff targets 
284 info did come to Str 6. to U - no doubt about 
Str knew what it was - H may not have 
D - "I've never pushed them on this cause hurts 
to give extra inch. 
H even gave instr to chg capab. from Musk to McG 
& L decided to bug McG 
never bugged McG - 
info was coming over here 

next time I aware - Jun 17 - brkin. 
put pieces together 
ask'd L - anyone in WH - L sd no 
how happened - L pushed by Mag 

Mag sd WH not happy w/ what getting 
D thks it was Str saying H not happy 
P - cant see why doing it 
D - probing info re Convs 

Mag is totally knowled g bl on whole thing 

don't know how much knolodge M had 
292 Mag did perjure self 

they ran tost, by rac - D said don't know - 

if that's yr. stry - fine 000002 

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84.7 H.R. MLDEMAH NOTES OF LISTENING TO 
TAPE OF MARCH 21, 197Z MEEIIM. 

Indistinct document retyped by 
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took him to mt M - M had sent hlra to WH for Krogh 
told L. dcvcl plan - after hired at CRP 
Mag called D to mcg at M's re L's plan 

L laid out mill $ plan - incredible 

blackbag, kidnap, prostit, bugging, mugging 
M sat puffing + laughing - agrees incrid 
2nd mtg - D in at tail end - same kind of stuff 
D sd these are not things to disc in off of AG 
(trying to get M off hook) 
told them to pack up ^ get out - rcexam 
Mag - M - L 6, D 
came back & told H - growing disaster - WH out 
H agreed 

D thot t'd off - last he heard of it 
had digs w/ L after - never tlkd about it. 



D puts pieces together 

L came up w/ another plan apparently 
didn't get it approved 

so L & Hunt saw Cols - Cols tld Mag - fish or cut bait 

if you dont use them I will - apptly Feb 

D assumes Cols knew what tlkg about 

probly deny & get away w/ it 

Cols helped to get it off dime 

P - thks H assumed they had a proper op 

& thru Str started pushing them for info 000003 



Mag did know & spec, instrd to go into DNC 

294 I honestly bel no one over here knew 
Bob I don't blv specifically knew 
Str did know 
Bob knew there was a capacity 

297 Post Jun 17 

I was under clr instr not to invest 
worked on theory of cntmnt 

totally aware FBI S GJ - & had to 
Peterson's a soldier - kept me informed 
blvs in you & this Admin 
made sure invest, narrowed - nothing improper 
ran out to fullest extent 

P - why didn't call H - D - no reason to call him 

Str appeared - as result of coaching - to be dumbest 

302 L deal w/ Kldst at Bng Tree CC 

they std making demands - attys fees 

yr asking us to take this thru elect 
so arrgmnts made thru M - I was present 

they had to be taken care of - fees done 
Klmb raised cash - 
some to Hunts lawyer - his wife was taking $ to Cubans 000004 

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84. 7 H.R. MLDEMAN NOTES OF LISTENING TO 
TAPE OF MARCH 21, 1973 MEETING 

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i 

306 Bob is inv E is I am M is 
& its obstr of justice 

P - how H inv 

D - ran out of $ - 350 in safe - polling 
so they came here - I went to H 
H sd what for - I told him 
decided no price too high to pay to blow before elect. 

now wl be cont. blkmail by Hunt L. McC 
Cols had tlkd indir to Hunt re commutation 

don't thk Sen can find this - all cash 

311 the blml is cont 

Hunt called Lawyer O'B at CRP Fri - lawyer to me 
H dtnndg 72 personal 50 atty fees 

by close bus yest - affairs in order - sentence Fri 
D sd you came to wrong man - I'm not inv. in $ 
don't know thing about it - cant help you 
O'B grt ball player - safe - no prob 
Hunt made dir thrt agst E - blkmail 

I wl bring E to his knees - put him in jail 

Ellsberg & other things - I don't know extent 000005 

314 Where are soft pts - how many people know? 

Cubans were same H & L used in Calif brkin 

H & L fully aware it was right out of WH 
P - Why - D - I don't know 
Cpl thgs hero I've gotten wind of 
one time 2nd story job on Brookings 

was told E instrd it -ckd, he said turn it [unreadable] 
& I did - not worth it 

Who knows 

Cubans lawyer - Rothblatt - no good SOB 

F Lee Bailey - came in to cool Rothblatt down 
Bittman 

O'B + Park - they're solid, but they know 
all principals - some wives - Mrs Hunt whole pic 

320 P. pt someone did raise Hunt commutation 

that's extent of knowledge 

soft spots 

1 - contg. blkmail - not just now, when in prison etc. 
^ Iwl compound obstr justice & cost $ 

people here aren't pros - don't know how to do this 
P - may be we can't 

D - that's right - plus prob raising $ 000006 



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35-904 O - 74 - pi. 3 -- 32 



84.7 H.R. HALDEMAN NOTES OF LISTENING TO 
TAPE OF mSCH 21, 1973 MEETING 



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M is working on $ 



32A 



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no denying H - E 
P - how much $ 
P 



- I invlvd in early $ raising 

D - Mill dollars over next few yrs. 
you need the money we can get the money 

we can got in cash - I know where can be gotten 
but q is who can hdl it D thats right 

D - M shld be chrgd w/ that & gt pros to help him 
he has LaR getting it D told him that's awful 
tlkd to Pappas P - 1 know 

Pappas agreed to help 

P thkg out loud here - wid you put it thru Cuban Com 
D - no 
P - some wl be cash is Cuban an obstr just 

wld that give it a cover? 
D - some for Cubans & Hunt - Then have L - McC doesn't want S 
McC's not a bought man right now 



growing cancer i c 

1) Krogh perjured before GJ - haunted by it 
says I haven't had a pleasant day on my Job 
told wife cause curtain may ring down 
perjured re did he know the Cubans? 
sd he didn't 

2) M & Mag potential perjurers 

3) poss of any individl blowing 



000007 



L strongest of all 



334 



P - yr major one to control is Hunt cause knows so much 
D - right he eld sink Cols. 

thks Cols abandoned him - no $ 
P - looking at imm prob - don't you have to hdl 

H's finan sit 
D - I tlkd M re that last nite 

P - got to keep the cap on the bottle Chat much 
D - That's right 

P - either that or let it all blow right now / 
D - that's the q. 



Klmbach - at Jan 69 had $1,7 mill to keep 
in boxes ult to Calif. knowledge of this 
spent a good deal since 69 - hard to acct for 

ie 500 th for priv. polling - nothing wrong 
sent 400 th to South for another cand (Wallace) 
937 monCnd Tony - who did Chapp study 
P - I heard about that 
nothing illegal - but explosive 

don't know anything illegal - except won't blow whistle 
ic they'll ask him re Scgretti 

where get cash etc 
P - how wld you hdl that 
D - doesnt bother me - not crim 

just polit embarrassing 000008 

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363 



84.? E.B. HALDEMAN NOTES OF LISTENING TO 
TAPE OF MARCH 21, 1973 MEETING 

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other vuls - 

- runaway G J in NY - M & Stans 

wl try to drive E into that 
Don N Jr etc 
E may have to appear at that GJ - no priv. 

that's the overall pic 

re Scg - H did authorize - ck 

potential felony chg v. C 

has to disprove his control of Scg 
use of stats re interfere w/ campaign 
P - not too concerned - prob on PR side 
D - real prob is growing sit - support for Wgtc 
& need for some to perjure 
if this ever blows & we're in a cover up sit 
extremely damaging to you 
ic if starts brkg S, they find crim cases agst "H, D, M, E 
P - coming down to that fact we cannot take the heat 

wc have to share it a little 
D - thats right H & E & M & I shld sit down 
spend a day or however long to fig out 
1 - how carve this away from you so docs not dam you 

or Pdcy 
352 I know frm our convs these are thgs you 

have no knowledge of 

000009 

P - trigger man was Cols on this 

D - well he was just in the chain 

P 

1 - will this brk someday-domino sit 

H accused of thgs never heard of. 
P wl be hurt most 

D - I am not confid wc can ride thru this 
there arc soft spots 

everybody looking out for self - criminal 
we were able to hold for a long time 
my facility hampered by Gray on front page 

P - supps you & H & E & M Put out full disci. 
D - One way - P tell AG for another GJ 

avoid crim liab for many & min for rest 
by thkg thru immunity - ic Mag 

but some have to go to jail 

P - who - lets talk about that 

D - I think I wld for one - P - oh hell no 

D - can see people ptg finger 
P - you were doing as counsel - obstr just 

could cut it off at the pass 
D - thk w/ prop coord, w/ D. Just 

Pete only one I know bright enuf to advise us 
put together w/ max sep [unreadable] & minimal dam to 

individuals 



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84.7 H.R. HALDEMAN NOTES OF LISTENING TO 
TAPE OF MARCH 21, 1973 MEETING 

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have faith in him — 
re obstr just 
D - I've been conduit of info tkg care of people 
who were guilty of crimes ; 
the blkmail 



367 



P - suppose you got the money & way to hdle it 
wld seem to me that wld be worthwhile 
have prob Hunt clemency 
D - right & the others - may be untenable 

not sure you can deliv on clem 
P - not before 74 elect for sure 
D - may further involve you 
P - & its wrong 
D - there 've been some bad judgmts made 

& some nee. judgmts made before elect 
can't burden 2nd Admin w/ something that won't go away 
has to be. . . 
who else potential crim. 
D - E, conspir to burg Ellsberg 

picture was in files - not buried 
why phone at WH in secy's name 

don't have a plan - but shld thk in terms, 

how to cut losses, not further compound 

; P - but at moment don't you agree better take the 
Hunt thing 

000011 



E & ,H have met w/ D - never w/ M 

H has potential crim liab frankly 

indicted - maybe never convicted 

P - if they're going to be indicted - better to tough it thru 
cut our losses - but if it blows wl never recover 

so fight it out - no one testify 
realize wkness re blkmail 

D - get you up & out & away from it 

or hunker down & fight at every turn 

& hope we can do it. & take the heat 

P - still consid - bef Cab & Idrs etc. 
re my invest - 
D - if wo go that route I can give a show 

P - most diff prob are the guys going to jail 
& clemency - how long wl they sit. 

P - have mtg fast - today - tomorrow 
D - H & E don't want to tlk to M 

H agrees you shld have facts 

000012 



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84.7 R.R. HALDEMAN NOTES OF LISTENING TO 
TAPE OF MARCH 21, 197ZMEETING 
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H in somewhere 

D - can chg them w/ blkmlg us 

P - I tlkd w/ E - so he can get away from this 
he reco mtg at earliest time 
pushes for mtg HEM 

don't want Moore there, 
decide - then let me know 
tell them exactly what you told rae 
re obstr etc 
then see what the line is 

stonewall & take heat? 
analyze vul. pts. Hunt 

398 Hunt blow whistle 

P - pt is all the sccys etc know 

D tells H for first time re Cols - Mag phonecall 



1134 



- Hunt prob is serious cause of Ellsbcrg 
D - put on nat'l sec basis 
but why not CIA or FBI 

H - cause we were ckg them 
D - can probly get by on that 

solves Krogh prob - was treason 

P must have talk w/ M 



000013 



P either decide so many crim probs - not pub- 

for WH staff 
H - q where cut oit pt is - poss of L - where ar now 
req's continued perjury by Mag 
P - & req's total control over all defdts 
D - Hunts playing hard ball -w/ re E etc. 
H - what w/? $ (obviously first I knew) 
418 P - 120 th - easy to get - not easy to deliver 

Try to cut losses - won't work - in end bleed to death & look like coverup. 
have to look at what they are 

avoid crim liab. - Bob, C, Str & M 
H - & Mag if you can 
P - D says if Mag goes down pulls all w/ him 
another way - 

cont. to try to fight it 
req. 1 mill dollars to take care of defs 
that can be arrgd. 
but they'd crack after we're gone 

best people won't care that much 
we can't del. on clemency - Cols promises 

1176 D - Hunt tlkg out by Xmas H - this year? 

says that's his commtmt from Cols. H - I'd blv it. 
— 427 Kldst has control of parole bd i says wo can del. 



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84 7 B.R. BALDEMAN NOTES OF LISTENING TO 
TAPE O'' MARCH 21. 1973 MEETING 

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disc'd parole 
P 

D - our grtst jeopardy is to pay the blkraail 
430 P - wc can got the $ - no prob w/ that 
but can't provide the clemency 
money can be provided - M can provide way to deliver 
H - don't sec any way WH or anyone in WH involved in 
trying to give up money 
we're already deeply enuf In that That's the prob 



D 



000014 



D - when they ran out of Kmbach money cause after the 350 that w/ [unreadable] 
& I had to explain what it was for 
H - that was sent to LaR where blgd - in pieces 

& balance was all rct'd to LaRuc - but no recpt. 
wc cldn't cont. piecemeal giving - wld tell H - he'd get Str to go / 

up to safe y 

D - every time asked had to get Str to safe 
& take to LaR a forever operation 

H - this was loans to be replenished 

D - they'll have hell of a time proving it. 

P - back to money - the mill $ ways to get it & 

hard place your view is - hell w/ [unreadable] say to them it's all off 
that's the way to do it isn't it? 

H - only way can live w/ - cause down years 
had to get thru Nov 7 - no q. 
D - these fellows eld have sold out to Dcms. 
P - so let it go - they blow whistle - the clean way 

i« that really yr rec? 
D - no - not necessarily the cleanest way 

is there way to get our story before GJ - they mv WH 
haven't thot that thru 

000015 



1226 P - E has raised pt of GJ - don't know how you do it 
have \iH called before it 
?ives reason not to go to Comn - 

puts it in exec session, rules of evid . 
disc re GJ procedure £, what can do 
Hill much worse to deal w/ 
what do to Ervin Coram - ecc 
c. of spec, prosec. 
D - wld like to have Pete on our side advising us 

D - US Attv wl pull all defdts back & immunize them 
won't do any good - they'll Stonewall 
ex. Hunt - that's Hunts oprtv. 
i P - that's why for imned . thing you've got no choice w/ H w/ the 120 
is that right 



Indistinct document retyped by 
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(1582) 



84.7 H.R. HALDEMAN NOTES OF LISTENING TO 
TAPE OF MARCH 21. 1973 MEETING 



Indistinct document retyped by 
House Judiciary Committee staff 



D - That's rioht 

wld you agree that 
P - if that v;l buy time - better damn well get that done 
D - I thk he ought to be given some sig. anyway 
P - for C's sake get it in a way that - 

whose going to talk to him - Colson - he's the one 
D - well Cols doesn't have any money - that's the thing 

one of real probs - they haven't been able to raise $ 
mill in cash is very diff nrob 
as we've disc before 
M has tlk'd to Pappas I called him last - 

John asked me to call him last nite after our disc. 
& after you'd met w/ John to see where that was 

000016 



2. 



& I said have you tlkd w/ Pappas - 
all in code cause MM on phone 
did you tlk to the Greek - M Yes I have 
is the Greek bearing gifts - M well I want to call 
you tomorrow on that 
P - well look what is it you need on that 
D - it sounds easy - but that's our brkdwn 
P - well if you had it - how wld you get it to somebody 
D - La R Ivs it in mail boxes - someone phones Hunt 

we're a bunch of amateurs in that bus. 
H - that was the thing we thot M ought to be able to 
find somebody to do that sort of thing 
none of us know how to 
D - have to wash - to Vegas - NYC 
Irnd all this after fact 
get shape for next time around 

H - what about the money we moved back frm here 

D - they may have some 

H Kalmbach must have some 

D Kalm doesn't have a cent 

H the 350 was all we saved 

we're so square we get caugh 
P - suggest this - 

the GJ thing has appeal - at least we're coop. 



000017 



D - once we start there's no control 

did amazing job keeping on track before 
1274 1 knew where they were going 

P ~ what happens at GJ 
D - depends on what Mag says - chgs his stry 



Indistinct document retyped by 
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(158.3) 



84.7 B.R. HALDEMAN NOTES OF LISTENING TO 
TAPE OF MARC H 21, 197 3 MEETING 
Indistinct document retyped by 
House Judiciary Committee staff 

H - that's the best levera<;e on Jeb 

unless thav give hin iF.nunitv 

then have intstg orob. 
D - we have control of who thev irmunize 
? - thkg how P looks - we'd be coooerating 
that's where shld be done - GJ 
then exec priv before Conm 
H - do we agree to rls GJ transcriots 
D - that's not up to us - up to Court 
disc, of GJ route 
H - to our interest to get it out 



P - other poss 

1 - hell w/ it - can't raise $ - Hunt blov/ whistle 
raises probs - get Mag - poss Cols. - M. 
D - starts whole FBI again 
night get E - 

D - Krogh go do'-m in smoV.e 

i;at Sec won't sell in crin sit. 
P - we have no choice on Hunt - eventually wl blow 



000018 



D - see how vs can lav out everything we know to GJ 
so if Hunt blows - we've already told it 
not incl E deal - cause Hunt go to jail for that 
P - don't go into Matl Sec area 

P - other thing - have GJ & Con 

GJ anoeals - cause P makes the move 
that's the place to do it. 
can't risk M goin^ 
third is just hunker do'>m 6i fight it 

D - that's a high risk 
D something wl brk 

P wl Ioo'k like P. is covering un 

D- have to look at other alts 

P- middle grd of GJ & finally — 
or pub Stat w/o GJ 
disc . 
have to move fast if sentence on Fri. 

D- AG eld call Sirica 6. ask delav sent two wks 
Kldst has good rapport w/ Sirica 



onooi? 



Indistinct document retyped by 
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(1584) 



84.7 H.R. HALDEMAN NOTES OF LISTENING TO 
TAPE OF MARCH 21, 1972 MEETING 



Indistinct document retyped by 
House Judiciary Committee staff 



D - the person I feel we eld use is Pete 

awkward - but remove him - to dis. w/ him 
spec, assn't here 
advise what is obstr - etc. 
P - how wld you get him out 
D - appeal dir to Pete 
P - P call in as spec, couns to WH. 
rather than D? 
D eld rec. that to P. 

(D didn't seen to know Pete planning to Iv) 
Flw see if Kids & can put off 
2 - get M down tomorrow - disc, this 
H why not tonight 
P - 1*11 mt w/ grp - or D report to me at end 
I shld stay away from M side of this 

- good to consid these options 
when have right plan 

no doubt you were right before election 
need new plan now 
H - have to turn off erosion - cones to P. 
at any cost 
1365 disc. 



000020 



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(1585) 



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35-904 (pt. 3) O - 74 - 34 




84.8 RAYMOND ZUMWALT TESTIMONY, NOVEMBER 1. 19?3, ^g 

IN RE GRAND JURY. MISC. 47 -73, 96-97 



Q More specifically nov/, and let's deal with these 22 

tapes which were turned over to you according to your records, 
if I understand then, they were turned over to I-U'. null at It^lS 
p.m. on April 25, 1973 and they vrere returned at 5:28 on April 
25th^ 1973? 

A Yes. 

Q And fgain they went out on April 26th at 11:00 a.n. 
and cane back at 5:05 P.n. on May 2nd, 1973? 

A Yes. 

Q Can you recall vhat Mr. Bull asked you for in select- 
ing these tapes, did he give you a list or give you instructions 
on what to renove orally? 

A It vjould probably have been an oral request. 

Q Is that your recollection? 

A. Yes. I can never remember hiia writing doc-zn the dates, 

Q Vmat do you recall his instructions being? 

A I really don't knov/. I Mould even have to look at 
that from the dates Involved in the tapes that were signed out 

that day. 

Q Take a look at then (handed to the vritness), 

A In involves all tapes from March 12, 1973 through Hay. 

It would have been a request for oone tine period covering that 

time period, in other words £^ 

Q There are obviously dates which are not included 

between the 28th of March and the 12th of March, correct? 

(1606) 



84.8 RAYMOND ZUMWALT TESTIMONY, NOVEMBER 1, 1973, • ny 

IN RE GRAND JURY, MISC. 47-73. 96-97 "' 



A I*ni sorry? 

Q Haybe I misled you. 

Tliese are not in ciironologlcal order. The first tape 
appears to be dated 2-20 to 3-22? 
•A Yes, 

Q That Is ^Thlte House Telephone covering that period? 

A Yes. 

Q Now the last date on there appears to be 3-23, ia that 
correct? 

A Yea. 

Q Wow, knowing those dates, can you tell what your 
instruction was if you can't irecollect it Independently? 

A I would say a date frora and to. 

Q Of all conversations? 

A. Evidently of all conversations, 

Q As far as you know there are no tapes which were nade 
during the dates I have indicated which were not Included in 
this list? 

A Right, 

Q How, going to the second paige there are 26 tapes 
indicated? 

A Yes, 

Q And these left all at one time acain, is that correct? 

A Yes, 

Q Tliat was June *!, 1973? 



I th 



(1607) 



84.9 H.R. HALDEMAN CALENDAR, APRIL 25-20, 1973 



Indistinct document retyped by 
House Judiciary Committee staff 



H. R. HALDEMAN CALENDAR - WEDNESDAY, APRIL 25, 1973 

A.M. 
H in 
L. Higby 
Bruce Kehrli 



7:55 
8:15 
8:35 
8:40 



9:25 



John Ehrlichjnan 

John Wilson 

and Frank Strickler 

Wilson and Strickler in 
P's Oval 



P's EOB w/E 



L. Higby 

Lunch w/LH 

H to private office 



Evening 



P.M. 



1:00 



2:15 
2:45* 



n 



9:45 


Ron Zlegler 






9:55 


[Zlegler out] 






10:25 


Ron Ziegler 






10:45 


John Wilson, Frank Strickler 






10:55 


John Ehrllchman 






11:05 


President's EOB w/Ehrlichman 










Presidents EOB 


4:45 


12:55 




Barber 


5:15 



P.M. 
6:45 Departed for home 



Indistinct document retyped by 
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(1608) 



84.9 H.R. HALDEMM CALENDAR, APRIL 26-26. 1973 



Indistinct document retyped by 
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H. R. HALDEMAN CALENDAR - THURSDAY, APRIL 26, 1973 

A.M. 

8:00 H in 

8:15 L. Higby (2) 



9:00 President's Oval 



P.M. 



10:30 John Wilson 

and Trank Strickler 



11:30 John Ehrlichman 



H rejoined mtg. 


1:00 


E departed 


1:15 


H lunched 


1:30 


w/Wilson & Strickler 




John Ehrlichman 


2:00 


ret. 




L. Higby 


2:25 


H to Private Office 


2:45 


President's BOB 
Office 


3:45 



12:45 H to Private Office 



5:45 





Evening 






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7:15 








8:45 



Home 



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(1609) 






84.9 H.R, HALDEMM CALENDAR^ APRIL 25-26, 197 Z 



. _* Wednesday^ April 25 



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(1610) 



84.9 H.R. HALDEMM CALENDAR, APRIL 25-26, 1973 



19/3 A?Hll 1973 

s N> r w r f s 

12 3 4 5 6 7 

8 9 10 II 12 13 I' 

15 14 17 13 19 JO 21 

22 23 2-1 25 24 ^7 29 



24 27 



Thursday^ April 26 
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(1611) 



85. On April 26, 1973 Senator Lowell Weicker, a member of the Senate 
Select Committee, released to the press information that Patrick Gray 
had burned politically sensitive files which had been given to him by 
John Dean from Howard Hunt's White House safe. Petersen has testified 
that on this date the President telephoned him to ask if Gray ought to 
resign as Acting FBI Director and that Petersen told the President that 
he thought Gray's position was untenable. At the President's instruc- 
tion, Petersen, Gray and Kleindienst met that evening and discussed 
Gray's possible resignation. Kleindienst telephoned the President and 
recommended that Gray step down, but added that Gray did not see it 
that way. The President told Kleindienst that he would not require 
Gray to resign immediately. Gray has testified that Kleindienst also 
stated after speaking to the President there must be no implication 
that in burning these files there was any attempt of a coverup at the 
White House. 



Page 

85.1 L. Patrick Gray testimony, 9 SSC 3491-92, 

3A95 1614 

85.2 New York Daily News , April 27, 1973, 2 1617 

83.3 Meetings and conversations between the 
President and Henry Petersen, April 26, 

1973 (received from White House) 1618 

85.4 Henry Petersen testimony, 9 SSC 3625-26, 3654 1619 

85.5 Meetings and conversations between the 
President and Richard Kleindienst, April 

26, 1973 (received from White House) 1622 

85.6 Richard Kleindienst testimony, 9 SSC 3598-99 1623 



(1613) 



85.1 L. PATRICK GRAY TESTIMONY, AUGUST 6, 1973, 9 SSC 



3491-92j_ 3495 



3491 



n 



to nie that that telephone conversation was made in "Washington, since 
there is no reference at all to San Clemente or Key Biscayne and nor- 
mally the people who kept this log would make such references. 

Senator AVkicker. Now, Mr. Gray, I would like to move along, if we 
can, to the events of April, more specifically those events which com- 
menced with vour telling me of the burning of the files in your office on 
April 25. 1 think that has been gone into in detail. If there is anythmg 
vou want to add. any further question, I am sure they will develop 
that, but I would like' to move from April 25 to the afternoon of April 
26 and have you recoimt to the committee in your own words what 
ranspired in the late afternoon of April 26. 

' Mr. Gray. Well, Senator Weicker, it was after 6 o'clock in the eve- 
ning when I was leaving and I believe it to be somewhere between 6 :15 
and 6 :30 and I was driving out the gate and the police officer there, of 
the GSA security force, Officer Cousin, whom I used to say hello to 
every night as we drove out, exchanging a few pleasantiies. said to me 
that Mr. Petersen had called and it is urgent and you are to call him 
right away, and I got out of my car and I walked into the guard booth 
thtre and I telephoned Mr. Petersen and Mr. Petersen said that he had 
had a call from the Attorney General, Attorney General Kleindienst, 
and Attorney General Kleindienst wanted to meet with us in his office 
at 7 p.m. Mr. Petersen said he was calling from the golf course and was 
coming in directly from the golf course and it was about the stories 
and rumors that were on the media circuit that the files had been 
burned. And I said, fine, I will go back up to ray office and wait a 
while, and I asked my driver. Special Agent Thomas Mote, who is also 
a good friend of mine, to park the car and wait for me, and I went on 
up to the office and at about 7 :15 p.m. I walked over to the Attorney 
General's office and I found the main door locked and I walked to 
what we call an alcove door that leads almost directly into his own 
private office and I can remember pulling out my key and the door was 
open. I did not have to use my key. And I walked right in, walked 
through the conference room, walked into the secretary's area and 
picked up the phone, called Mr. Petersen and told him that I was here 
in the Attorney General's office and just then the Attorney General 
walked in— I could hear his footsteps— and I told :Mr. Petersen the 
Attorney General walked in, come on up, and I went back immediately 
and the Attorney General said to me the President had called him and 
is concerned about the reports that these files were burned and that we 
had to meet and make some recommmendation to the President. 

By then Mr. Petersen had come up. We both sat in chairs in front 
of the Attorney General's desk and I told them that I had spoken with 
you. I did not say to them that vou had talked to the press, even though 
you had told me that you did. You said to me you are probably going 
to be the angriest man in the world at me for talking to the press and 
I told you, no, you ought to be the angriest man in the world at me. 
I did not say that you had given this information to the press but I 
said I believe that Senator Weicker knows all about this because I have 
spoken to him. 

Then Mr. Kleindienst said let's have a drink. [Laughter.] .Vnd Mr. 
Pctei-sen and Mr. Kleindienst and I all went into a little private office 
off of liis main office and Mr. Kleindienst fixed a drink for hmiself 
and ^Ir. Petersen and I do not drink and I just sat tliere in an over- 



(1614) 



u 



85. 1 L. PATRICK GRAY TESTIMONY^ AUGUST 6, 2973, 9 SSC 
3491-92, 3495 

3492 

stuffed leather chair and Jlr. Kleiiidienst was sitting right in front of 
me facing me and lie said to me, "It doesn't seem to me that you can 
continue as acting director of the FBI," and I said, '-"Well, Dick, it 
does seem to me that I can continue as acting director of the FBI 
because these files had absolutely nothing to do with Watergate and 
the men and women of the FBI know I have done nothing to stifle this 
investigation, but that I will accede to whatever the President wishes. 
If he wishes me to continue to serve, I will serve. If he wishes me to 
resign, I will resign." 

Mr. Ivleindienst then went into his other office and said he was going 
to talk to the President and during his absence Mr. Petereen was pacing 
up and down in the office, walking back and forth, and I remember 
him distinctly saying, "Pat, I am scared."' And I said, "Henry, why?" 
And I am still sitting there in that chair. And he said, "I am scared 
because it appears that you and I are expendable and Haldeman and 
Ehrlichman are not." And I said, "Henry, do you think I should get a 
lawyer?" And— this is the first time I had entertained the idea, and he 
said, "Yes." And I did. Later. 

But then Mr. Ivleindienst came back into the office and sat down in 
the chair again, facing me, and said "The President wants you to con- 
tinue to serve as acting director," and I said, "Fine, Dick, I will do 
it." And then all three of us left the office. We walked out of the office 
ogether. 

Senator Weicker. Now, would you move to the morning of the aTth ? 

Mr. Gray. Well, when I got home' that evening I got — it was after 
8 O'clock and I did quite a bit of thinking about this and I thought 
that I had better really resign, that this was not the thing to have 
done and that there was no way in the world that I would be able to 
explain it to the FBI. It would take too long. So corning into the 
office that next morning, I asked two members of my personal staff, 
the oldest two members, to come in and sit down with me. I told them 
all the facts and I said, I just feel that I can no longer command the 
FBI. They agreed with me and I told them, I said, all right. Wliat 
I want you to do, I am going to call ^Marjorie in, my secretary, and 
dictate my resignation. I want you to prepare a statement to go along 
with it. Earlier that morning, at about 8 o'clock, when I first came in. 
I called Mr. Felt, reached back on my console, pushed his button and 
called him and I said, "Mark, later on I am going to want to talk with 
you and members of the personal staff about this story of the burning 
of the files but I feel that I can no longer command the FBI." I told 
him that earlier. Then chey came — the members of my personal staff 
came — the two members of my personal staff came back in at about 
10:15 in the morning. I askedMr. Felt to come in. We went over the 
whole thing again, went over the statement. Wo went over my letter of 
resignation and I told Mr. Felt to have the acting directors assemble 
at 11 :nO, that I w;is goine to toll tlio Attorney General tliat I was 
goimrto resi<rn and tliat was all that was to it. 

I can't— I boliovo that I did toll the Attornov General. I am pretty 
sure that I told the Attorney General. I haven't even looked at my 
logs to see if tliore is a telephone call to him but I am pretty sure that 
I told him tliat T was eoing to resign. 

T had Mr. Felt set up the meeting with the assistant directors at 
11 :30 in my conforonco room so I could appear before thom and tell 



(1615) 



85.1 L. PATRICK GRAY TESTIMONY, AUGUST 5, 1973, 9 SSC 
2491-92. 3495 



I as 

I ; 



3495 

Senator Talmadge. You accepted it as an order and you executed it 
as an order and you carried it out as an order, is that correct ? 

Mr. Gray. That is correct. 

Senator Taljiadge. What did j'ou think the source of this authority 
was? 

Mr. Gr:\t. Well, as I have testified, I cannot really say it came from 
the President but I can say to you, Senator Talmadge, that one thing 
I neglected to say in the course of the conversation in the Attorney 
Generars little private office when he was sitting there, after liaving 
talked with the President, ilr. Kleindienst said to me there must be 
no implication that in burning these files there was any attempt of a 
covenip at the White House, and I cold him, I said, ''Dick, I clearly got 
instructions, I thought, to bum those files and I burned them and that 
is going to be my testimony." 

Senator Talmadge. You assumed that Dean's authority came from 
the President, did you not ? 

Mr. Grat. He was standing right there in the presence of the top 
assistant to the President. 

Senator Talmadge. You assumed that Ehrlichman's order came 
from the President ? 

Mr. Grat. I had to believe they were acting for the President, yes. 

Senator Talmadge. You assumed that it came from the Chief Ex- 
ecutive of the United States of America acting in that capacity, sub- 
ordinates? 

Mr. Gray. I made that assumption but. Senator Talmadge. in fair- 
ness and decency and honesty, I have to say I just cannot testify under 
oath that the President ordered them to do this. 

Senator Talmadge. I can understand that. 

Mr. Gray. But I made that assumption, there is no 

■Senator Talmadge. You were in the Xavy, when you got an order 
from the fleet commander you assumed it came from the Chief of 
Naval Operations, did you not? 

Mr. Gray. That is correct. 

Senator Talmadge. And in turn that he was appointed by the Presi- 
dent of the United States, it came from the authority of the President; 
is that an accurate statement? 
___ Mr. Gray. That is correct. 

Senator Talmaw.e. I believe you, in some statement, stated you 
wrote the President, I believe 

Mr. Gray. That is correct. 

Senator Talmadge [continuing]. In 1968, to beware of his subordi- 
nates, they were attempting to wear his stripes as Commander in Chief; 
is that correct? 

Mr. Gray. Yes, sir: I wrote that to him. that was in connection with 
my letter to him saying that I was delighted to hear his remarks on 
the evening there in the Waldorf because I was writing in terms of 
tlie divisivcness and jiolarization tliat liad set upon our coimtry and 
it seemed to me he was saying he was going to yield this and I wrote 
it in tliat roniiortioii. T wi-ote hiin a ver\- idealistic flnworin£r letter and 
that letter was introduced in evidence before the Nedzi subcommittee, 
but in the letter I did iust say that. Senator Talmadge. 

Senator Talmadge. T\1iat made vou think then that his subordinates 
were trving to take advantage of the positions that they were being 
placed in? 



(1616) 



85.2 NEW YORK DAILY NEWS, APRIL 27, 1973, 2 



-7 -J 






o 



DAILY K"WS( FHIDAYi! APK1L,27. 1373 



Lemm hMm IhM 



1 * ' 'I 



V 



By JAMES WIEGBART 

Washin^on, April 26 (NEWS Bdrean)— Acting:' 
FBI Directpr L. Patrick Gray 3d Is prepared to tdl 
the Watergate grand jury that, at the sofgestioD of- 
two top White House aides, he burned two ''highly 
classified, politically sensitive'* files beloi^ging to 
Watergate conspirator E. Howard Iluut Jr. two ' 
weeks after the June 17 break-in at Democratic 
Party headquarters. ^ 

Sources cloae to Gray ^id he told Assistant Attorney 
General Henry Petersen that he was handed the Hunt 
files and told, '"Thase should never see the light of day/' 
by W'hite House Counsel John' W. Dean 3d in the presence 
of John D. Ehrltchraan, President Nixon's chief doin&'itic 
Hdviser. 



The sources aaid Gray mddr 
Ih* sLaUmertt when-qo«tioned oy 
Teiersen in H« KBI offie« on 
April 16. At that time. Gray told 
fc'ter'^n he did notTead tbe Hunt 
ftl^i bat destroy e d. t JnM becaose 
TTtiiii FiaH assured him they weR 
■.■>l "ronnerlpd with Wat«rg«te, 
but were "h.pUy B«B»itive, claasi- 



\* 



thhdow over Pr«(irf«nl NtKOtt'. 



fied national security documenti 
of political dynamite " 

In a statement tonipht Ehrlich- 
man s^id he uaa pre.'teni when 
Dean handed a lar^ envelope to 
Gray, but added thnt ^^ did ■-' r 
.know the 



April 15, be thonght Gray itlD 
had the envelope. But at that 
time, he said, he learned "certain 
new facta conceminj the disposi- 
tion of the contents." He said h« 
reported his findinf^ to Nizon 
that same day and Om PretMeot 
turned the information o^er w 
Petersen, 

Deab- waa uDavatUble for com- 
ment but. according' to ho earlier 
statement made by him^ Ehrticb- 
man remirVed just prior to tbe 
June at ISTt, meeting with Gray. 
"Joho, you drive over the bridge 
(the Arlington bridge) ' to and 
fpoin work efery day, why didn't 
yoa 'just Ibi-ow tbem in t]t« 
river?" , 

Oeaa lives in auborfaan Vir^nia, 
across the Po(o™«p from W^sb- 

On>v learntj ualf yeAtirCijr 
rom Petersen o/ the suppgiied 




SrcJVtd 




iC* 



fwmm pmM* 9} 



U Patrick Gray Sd m Fr^parcd 

t» tell Watergate graod ^nry 

tM homed "Hwehich^elaKKificd 

pohtkaOy acaailiv*'* lilm. 



w'f^- '*"P* that ; contents of the ■ ■ ■ z:i w« 
■ 4irf«y was told by Dean that tbe ; ..i..,; to i.ave described' the two 
nvelo^ conUmed "sensitive m.. n...t fil«a as eonUinin* "fabri- 
""* cated State Department cables re- 

■ up until Hated to President Kennedy'i 



t<'riaL 
. Ehriichman i 



complkitr la the assajsinatien of 
(South Vietnatn^te) pTMidant 
Diem," 

Gray was told by Petersen that 
tbe fabrications were made by 
HiHit. but b« was DOt Informed 
,as to tbe pnfpoae of the faked 
cable*. ^ 

However, It la known that 
Bunt, a former CIA a^ent who 
served as a White' Hou«e consult- 
ant, was compiling a dossier en 
Sen. Edward M. Kennedy (D 
Haas:), particolarl* oo the fatal 
auto aecideau oa ChappMiuiddiok 
in 1969, for possible us* by the 
NiaoQ reeleetion committee if 



Kennedy von tha DemocraUe 
presidential jpominatioD la lilt. 

It eooU Bot he tearoed what 
happoLcd to that Kenoe<ly file 
or whether any ef tlM docomcnta 
lo It vera alao faked 

Gray wmj dssCTn>ed aa "shocked 
and sarprised" wh^ Petersen 
ended hU qoestiootiif aboat th<j 
two .Boat files oa April 1ft with 
the aanoaoce-ncnt that tha acting 
FBI 41rector woiJd be called to 
testtfr by tbb WatergaU rraod 
iaryt 

Bat tb* KttDt FBI ehUf was 
eren more £siait>ed vboi ha vaa 
Infoitoed for tha fint tine Too- 
day thai Daao'a Te(;:»st for raw 
FBI Slca M tha Watcrv&ta In- 
Teatkpfitkiii last snmzner wu re- 
jectea by Attorney General Eicb- 
ard G. Kleiodleitft and by Pctcr- 

■OL 

Dean, wbo at that tima vaa 
coD^octiQa a ni;»ra!a UtcjU-'v 
tioB for Nlxoa «a tha pcxsioia 
inTo)v«Bieat of Wbita Hoasa at jea 
or afftclab from bla r«elect]oa 
e<Hnmtttea 1b tha Watergate 
brcaka-in, lobvdtioeatJy otLaiaed 
tbe raw FBI TJea from Gray. 

8app4rt b WeakAad 

Gray tciiLHcJ befera tb« Son- 
ata *uJ:L-!i.7 C'-Uimittea eariltr 
thia yeiLT tlwt ba turned over &2 
FBI WatenniU fDea to Dean. 
TUa iLsctonra acrionaly wcak- 
eoa4 npfiort tof Scn&ta coo- 
flrm^*.i«a mt Gray's nociIaaUon 
aa Fbl diractor, and Gray nbte- 

CDtly aaked NIxab ta withdraw 



sr 



Gi^y'a frienda aald that tf be 
bad kniMni tlul Dean's rc<rjeEt 
for tha fUel h.ad been rejxLed 
earlier by ElcUdLenzt aikd Peter- 
aea, ba alaa would bava rcfuaad 
tba reqoeat. 

A aoorca eloaa te Gray said 
It appeared t^C ErlkhmsB and 
Dean "set Pat on aa a patsy^ 
tn tba atlcir^ted cover-up of 
WblLa Eooia lu-j^lvfm^nt la Wa- 
tergate by aaking hint to destroy 
tha fUea. 

Gray had no expUmatiaa of 
vby Deao had Riven blm tba 
filea to d?'troy L.sUad of mere- 
ly destroying L*. ti himself. Pet- 
ersen also wus B. . Arcstly brifled 
on thia point iKirlcg bis inter- 
view wltn PaliJ '.La t-arlier this 
month, D«aa saij tbat Khrreh- 
nan bad ni^3€:;t£d to bim that 
be should have titrcAD the fdea 
Into tha Potomae Eivcr Instead 
of handing them over to Gray. 

Gray'a Acoouat Reported 
AeeortUag to sources close to 
tbe acting FBI chief, Cray's ac- 
eoant of the traniirer of the Hunt 
files seems to lead credence to 
the "patsy" theory. It nuu as 
'•^llovai 

Ob Jima 2S, f-ist 11 dsyi after 
five rocB, IncIuJ'ng the Nixoa ra- 
clectioa commicu-Vs security 
chief, Jaraes W. UcCorJ Jr., were 
arrested laside the Democratic 
Party ofHcca at thJ Waterirat<v 
Gray wept to E.^ rlichman'a nffica 
la tha Wb'ito Uc-m to di^cusa 
with htm aIU>.-J Fill leaks about 
the iBvastJrabuB. 

When Gr.iy wft.T\ad Into Ehr- 
ilchmao'e elfico^ he foond T.'can 
and Dirllr'imaa t^^^f*ipp tli-iff 
cbaUii)|r.;yia * raciJla, „%^:^Wl^hl^ 



'^Qh/]^- 



saying, 'Pat. Joba (Dean) haa 
sons pspera ba wanto to torn 
ov*r to yon.* 

Dean then hanBed Gray two 
file folders, each about aa eighth 
ef an hich thick. Bs told Gray, 
"These ara ^me papers Howard 
Bunt vaa > working on. ney 
ihodd never see tba light of day." 

Gray said that De^aa Implied 
that ha wanted tha paper* doi- 
troyed, bnt that he cooM tut 
cwear Eksn naed the word "dea- 
troy." Gray said that ha cooald- 
er«d tim yoothfol Dean. 14. as 
his soperloT becaoac as Wbito 
HoQsa cotmad, Deaa vaa work- 
ing dlraetly for President Nlzon. 

Grmv tef d ba took tha tvo fUtf 
and. BL}ced them in a Baaila an- 
▼«lop)«viLhoot area laoklaa 
throqgh thea. Dau then lift, aid 
Gray and EhrllchiaaB dlscai 
theproblaa of FBI lcaLk«. 

That Blgbt, Gray too^ tba fSea 
home aad vat then U a closet 
Tbe follovug day ba laft Wash* 
listen (or a waakand trip to Baa 
Diego to apeak at tbe opening 
of a aaw FBI offlca. When ha 
retTimtd to work la WaDUaftoo 
UcnJsv nuroing <JaIy S), Gray 
took tna m&nil^ envelope irith 
him aM, In hl« crfli^e. ha Ura 
lh« tdtM Qp and placed ihem In 
a "^ura bag," osed fop Uva de^ 
tmctJon of cwiXitleotlal B-jiter'sL 
Gray sxtd hi never nfA tha fO«s. 

Ai'ieJ Uter by a friend why 
ha dji c^ rcsd the flies befbra 
harinj C'.tia bomcd, Cray saiJ 
b<-ciu;a Dsss bad told him tha 
filfa vT«ra Bof rvilatcd to tha Wa- 
tergsto exM^ 

Gray also said Chat ba did set 
reaJlta at that Uma thak Hunt 
vaa • key r;::ira la tha Waters 
gato caaa. r^nt hod not yet been 
charged vlJi cs'^^lracy te tha 
break-In i^J ^:'•:l^T. 

Howevtr. B.. .t Vi-J tha target 
af a vidcjpre-&d FBI search at 
that tima. Hunt's name had been 
foood In tha addrtaa booka of 
tvo a( tha fnspecU at rrrf d iB 
tba Waterrato and luv.'jU^ftora 
had learned t^st ba had worked 
ticttlf aa a CIA scent with tha 
fear lornLer Cubans who t>articl- 
rited Ib tha aVrU^e IMl ClA- 
flnaaced Hsy of Pigs Invasfoo 

In fact. D«aQ oa Jim* 19 1972. 
drlllsd e?cn the i'*''e in Hrmt's 
office la t>e ExKutJve Offica 
Biilding a. id' said he elaeed th« 
contents la a caidbcird box. Tha 
boa stayed la the T^xccativa Of- 
Tice BmiJirT nntil It wsi tnmod 
over to tha l-BI on June xe. 1972. 

Although Gray has tcM friecds 
th^t ba did not see tha cootento 
of Hunt** safe until much later, 
be coDCed.^d that be vaa Informed 
of It buinediately and ta fae^ 
called Deaa ca June £7 to poiBt 
out that a gim had bcea UQBd 
tn the u/e. In spparoit vtolatloB 
of WhiU Ilouse scctorfty prccao- 
tiooa deaignad to protect tbe 
Pneidcat 



(1617) 



35 :04 (pi. 3) O - 74 - 35 



as. 5 MEETINGS AIW CONVERSATIONS BETWEEN THE PRESIDENT AND 
HENRY PETERSEN^ APRIL 26, 1$ 73 



Ml'. Pc'l'-foCil 

Ajiril ?.3, 1^73 
AM 11:09 11:35 

11:44 11:4<; 



PM 



7:27 7:3' 



2- 



Hm 



lOi^bu 



Pri" sidtM-it tclcphonec: Mr. Pcrter^cn (long 

dislancc ) 
President tcli.-j:)li(jncd Mr. Pc'tc;rsen (long 

dist;iiicc ) 

Presidciit telephoned Mr. Petersen (long 
distance) 



April 24, 1973 

AM 8:52 9:02 



President telephoned Mr. Petersen (long 
distance) 



April 25, 1973 

AM 8:56 9:01 

PM 5:37 6:45 



President telephoned Mr. Petersen 
President met with Mr. Petersen 



April 26, 1973 



PM 



5:56 
7:12 



6:17 
7:14 



President telephoned Mr. Petersen 
President telephoned Mr. Petersen 



April 27, 1973 

PM 4:31 4:35 

5:37 5:43 

6:04 6:4S 



President telephoned Mr. Petersen 

President met with Mr. Petersen 

President met with Mr. Petersen 

(Mr. Ziegler 6:10-6:20) 



•vpril 2C. 1973 
AM 9:13 9:2 5 



! ' \ ; 



7:()('. 7:11 



President telephoned Mr. Petersen (long 
distance) 

Prosidi-nt U' ti'pl-.onrd Mr. I 'cte rsoi; (lonu 
cl i :sl.i ;'.^ o ) 



(1618) 



85.4 HENRY PETERSEN TESTIMONY, AUGUST 7, 1973^ 9 SSC 3625-26, 
3654 



3625 

about April lo wlien John Dcnn \vasbeiii^flel)ricfed by the prosocutoi-s 
and lie related this to liiin and Sill)ert asked me about it and I said 
yes, and told him I liad asked Pat Gray and Pat firay said no. and I 
went back to Pat (Iray eitlier on April Ifi oi' 17 and asked him again, 
told him wliat John Dean had said, and he said Plenvy, that is not so. 
About this time I was havinn; .some discussion with the President about 
it. I had irnpaited this information to him and he said well, I think 
Dean is telling the truth on this, you ou<rht to ask Elu lichman. 'VMien 
I left tliere I went over to Ehrlichman's office and he was not there 
and I frankly did not bother going back to him. We double-checked 
with Dean's counsel and they were sure of it and I went back to Mr. 
Gray the following week, around the 2.5th, 26tli, and asked him again 
and" this time he said yes, that lie had received such documents, that 
they had implied that' he ought to destroy them, that he had taken 
them home o\er the weekend and brought them back and tore them up 
and threw them in the burn basket. I said 

Mr. Dash. Did he tell you why he had destroyed them, whether he 
was acting under instructions? 

Mr. Petf.rse.v. AYell. I asked him if he read them and he said no. and 
he said, well, they just said thev were politically sensitive. 

Mr. Da.^ii. Did you say he did not know the contents of the papers? 

Mr. Petersen-, t asked him if he read them and he said he did not. 

ilr. Dash. Where did you say that Mr. (rray went before he burned 
them ? 

Mr. Petersen. He went to Connecticut. He was in travel status, as I 
recall his statement to me, and after he received the documents he was 
•going up over the weekend or to make a speech and took the documents 
with liim and told me he brought them back to the office and tore them 
up and pointed down to the basket beneath his desk and said I put 
them in there. 

Mr. Dash. Without reading them? 

ilr. Petersen. That is right. 

Mr. Dash. On the 26th, which was quite some time beyond the 
period we have been talking about. Mr. Gray has testified that on that 
day. apparently that is the day he did admit to yon that he destroyed 
the documents, you said to him that you were scared and that you and 
he, Mr. Gray, were exjiendable and ]Mr. Haldeman and Mr. Ehrlich- 
man were not expendable. 

Did von say anything like that to him and, if so. why I 

Mr. Petersen. I am not sure you have the time right, ^[r. Dash. As 
I recall it, that was the night before Mr. Gray lesigned. It was the dav 
on which this item that we are discussing was rniblicized and 1 
received a call from the Pirsident. as did ifr. Kleindienst in the 
evening, and the President asked me whether or not T thought Mr. 
(iray ought to resign and I told !iim that I thought ^Iv. Grav's posi- 
tion was untenable. And he said we will discuss it with the .Vttorney 
Geneial. He. too. had talked to the Attorney Geneitil and. of course. 
I did discuss it with the Attorney Geneial and i)ui-suant to the Presi- 
dent's instructions we asked Pat Giav to meet us and we did meet in 
the back office of Mr. Kleindienst 's office and we disrussi^l the situation 
and in my conxersations with the President I expressed some sym- 
pathy for Mr-. (Tray, who 1 think- most highlv of. I have no hesitancy; 
I liked the man verv much. And I told the President. "Mr. President. 



n 



(1619) 



u 



85.4 HENRY PETERSEN TESTIMONY, AUGUST 7, 1973, 9 SSC 3625-26, 
3654 



3626 

I think he is an innocent victim," and tlie President said. '-yes. Henry, 
maybe, bnt there are goin^ to be a lot of innocent victims before this 
is over." So it was in that context, the context of commiseration. I 
did not want to be there, we were in effect, sujrgestingr that the man 
resign, and when Mr. Kleindienst went out of the room to talk to the 
President again, you know, I said Pat, we are all going to be embar- 
rassed before this is over. I am scared, we have a constitutional con- 
frontation here, we have the Presidency of the strongest nation in the 
world teetering in the brink. I do not remember saving that we weie 
expendable, Ehrlichman and Haldeman were not, but I may ha\e. 1 
was upset. 

Mr. Dash. Are you aware that Mr. Gray's testimony is that he 
informed you on April 17 that he had received the documents? Ai-e you 
aware that at that earlier time he gave you that information ? 

Mr. Petersex. No. sir. My recollection is that I went to see him on 

the 16th or I7th and he denied it, I went back to see him the following 

week after double-checking with Silbert and Dean's counsel and the 

President, what have you, and it was Tuesday of that week. I think, 

maybe the -25th, 26th. 

Mr. Dash. Do you recall that sometime after the conviction of the 

seven Watergate defendants and the sentence, having lunch with Mr. 

Kleindienst, Mr. Dean and ilr. Ehrlichman and a question of leniency 

for the defendants coming up. 
Mr. PETERSEisr. No, no, I never had 



Mr. Dash. Let me rephrase the question. Are you aware of a lunch 
that Mr. Kleindienst had with Air. Dean and Mr. Ehrlichman in 
which' a question of leniency came up concerning the defendants in the 
Watergate case ? 

Mr. Petersen-. Well. I am aware of a time when I received a tele- 
phone call from Mr. Kleindienst who said T am just now leaving the 
Wh\t& House and I am on my wav to the airport and on the way by 1 
will stop by and you go downstairs and I will pick you up. You can 
ride out to the airport with me and I want to get some information 
from you, and I cannot fix the date except that it was a time when 
Mr. Kleindienst was going to Boston and he was meeting his wife at 
the airport. 

We rode out to the airport and he said, I just had lunch with Dean 
and Ehrlichman and they raised a question of whether or not lenieiicy 
could be accorded these defendants. And I said absolutely not. I said 
indeed, we are going to do just the contrary. It is not the practice in 
the District of Columbia to recommend specific terms, jail terms, but 
it certainly is the practice to recommend for jail or no jail and we 
intend to recommend jail time for these people and l^eyond that, after 
they arc sentenced we intend to call them back and immunize them and 
in order to compel their testimony as to whether or not other pei-sons 
are involved, and if thev aie contumacious and refused to testify- they 
will be held in contempt. We discussed more what the procedure was. 
the sentencing procedures and when they would be sentenced and what 
have you. and he finally said do me a favor, go on back and go on 
over to the "Wliite House and tell those crazy guvs over there what von 
just told me before they do something thev will be sorry for. And 
T said, well, OK, and T went back to my office and on the way back 
I thought I have not been over there yot and this is not the time to go. 



(1620) 



85.4 HENRY PETERSEN TESTIMONY, AUGUST 7, 1973, 9 SSC 3625-26, 
3654 

3654 

cussed it and I recommended against it and the President recom- 
mended against it, so I was considerably surprised and frankly, 
dis appointed. 
r"^Senator "Weicker. Nomt, you indicated that on April 26 — this was 
I the evening in Mr. Kleindienst's ofiBce, the evening that Pat Gray 
I returns to talk with you and the Attorney General in his office— that 
prior to that meeting you had talked to the President. 

Mr. Petersen. Yes, sir. 

Senator Weickek. And we had evidence from Mr. Kleindienst in 
the morning that he talked to the President during the course of that 
meeting. And yet, when the meeting is over, Mr. Gray is still in posi- 
tion. Why wasn't any action — can you give me at least from your 
conversation with the President, and/or your recollection, why wasn't 
Mr. Gray notified right then and there this is it ? 

Mr. Petersen. Well, I happened to be in Mr. Kleindienst's office 
when the call came through. 

Senator Weicker. Right. 

Mr. Petersen. The President spoke to Mr. Kleindienst. Obviously, 
I could hear only Mr. Kleindienst's half of the conversation. Immedi- 
ately after he got off the telephone he said we have to talk about Pat 
Gray, and what have you, and then the telephone rang again and 
this time it was for me and I walked out to the back ofRce and took it. 
It was the President and he asked what I thought and I told him 
that I thought Pat's position was untenable, that I thought he was 
an innocent victim and I regretted it, and what have you, and he said, 
well, talk to Kleindienst about it and the two of you get together 
with Pat Gray. 

We called Pat's office and he was just about to leave. We ranhim 
down, brought him back there. We sat down and discussed the situa- 
tion and not tearfully but almost so, and at the conclusion Mr. Klein- 
dienst went out — I do not know whether he had another call from 
the President or went out to make one, but that was it. 

We left with no decision. I was under the strong impression that Mr. 

Gray would resign. I thought he had to think it over and I expected 

he would think it over. So when he called me the next morning and 

I told me that after a night of thought he decided that he had no other 

I alternative, I was not surprised. 

l^i^JiJiat is all I can tell vou about it, Senator. 

^^^Senator Weicker. Did you mention in testimonv before the com- 
mittee here this afternoon — it iust slinned bv and I am not so sure that 
I understood the context, and I misrht not have understood the sub- 
stance either, which said that the President offered tapes to vou? 

Mr. Petersen. The President called on April 18 about the John 
Dean conversations on the night of April 15. His question was. has 
John Dean been immunized, and T said no. And he said, well, he sa>-s 
he has. And I said that is not true. 

We got into an ar.Tument which was ridiculous heoause neitlier one 
of us was present when the agreement was entered into, and I said, 
wait. I will check with the i>rosecutni-s. He said, well. I have it on tape. 
I said I will take your word for it. T do not want to hear it. .\nd so let 
me check with the iM'osecutor. 

So I called up the nrosecutor, and Silbert said no. I s;iid. well, go 
back arid check with his lawver. 



(1621) 



86.5 MEETING.'} AND CONVERSATIONS BETWEEN THE PRESIDENT AND 
RICHARD KLEINDIENST, APRIL 26, 1973 



Richard KleincUensfc 



April 


26, 1973 




PM 


12:16 


12:21 




12:23 


12:32 


r 


4:50 
5:53 


4:51 
5:55 




6:20 

7:44 


6:24 
8:02 



April 27, 1973 
PM 1:32, 

4:14 4:16 



April Z9, 1973 

PM 4:37 4:48 



April 30, 1973 
PM 12:40 12:43 

9:27 



-5- 






:A 



101^44 



President placed local call to Kleindienst 
President placed local call to Kleindienst 
President placed local call to Kleindienst 
President placed local call to Kleindienst 
President placed local call to Kleindienst 
President received local call from Kleindienst 



President received long distance call from 

Kleindienst -- not completed 
President placed local call to Kleindienst 



President met with Kleindienst 
Richardson 4:45 - 4:48 



President placed long distance call to 

Kleindienst 
President received local call from Kleindienst 

Not completed 



.: .j \ i 



(1622) 



85.6 RICHARD KLEINDIENST TESTIMONY, AUGUST 7, 1973, 9 SSC 3598-99 

3598 

Senator Wf.kkf.k. So it was at tlu- irni.ortunin<r of the T''-*'=:'^;7;\-^"°;; 
did not announce your own resi-natiou hut, .arlier, went alo.tp «ith 
Lis request to be put into this jrroup. 13 that correct 

Mr. IvLEixmF.x.sT. Well, he is the President ot the I nited .states. 
I wasservinarhini.IIeaskeduietodoit. Idid. , ^ , „, 

Senator ^VEIC■KF.n. I would like to, if I could, ask a few i-andom ques- 
tions until my time expires. I - u„„.;fl.fl,-nvri! 

The sequence insofar as Mr. dray is concerned, April.) he w ithd.aw. 
his name for consideration for the Senate, is that correct . _ 

Mr. Kleindienst. Yes, sir. I believe that is the date. Apnl a. 

Senator Weicker. And I believe also at that time you wrote a %eij 
warm personal note of appreciation to Pat. t> . p,.„„ t tV.5nk 

Mr. Kleixdien-st. T have the highest regard for Pat f^^Y-J t^^^mk 
he is one of the finest men I have ever known m my life and I feel ^ely 

'°s7na?or Weickeh. Now, on April 27, following the conversations in 
your office on the 26th, he steps down. 

Mr. Kleixdienst. Yes, sir. . ,- , > /-»„ 

Senator Weicicer. Now, what transpired in the meantime l^ere ? Or 
moi-e speciHcally, more specifically, .at ^jl^^V'^T'" 1 AiTVhXh 
aware that apparently both the President and cei-tandy Mr. Ehilich 
man and Mr Dean had come to the conclusion that Pat Gray would 
notbethemanfottheDirectorehipof theFBI? t ,r„P^s 

Mr. Kleixdiexst. Well, you have to distinguish between. I guess 
the events that occurred after April 5 when it Nvas I think indicated 
sometime around that time, and before April lo Mr. Cxray's non na- . 
tion had been withdrawn from the Senate And then after AP'>1 1;^ 
and before April 30 I had a meeting with Mr. Gray and Mr. Peterben 
in my office in the middle evening around 8 or 8:30. The next day he 
then resigned as the Acting Director of the FBI. , ,, _ , 

I do nSt know when I learned of the decision that Mr. Gray s name 
would be withdrawn from the Senate to be the Acting-to be the per- 
manent Director, I am sure I would have known about it around that 

time. 

Senator Weicker. Around what time? 

iMr. Kleixdiexst. Well, the time that it was withdrawn, his nomina- 
tion was withdrawn. You see ,r T-i • 1- ^ \ f ♦!,;= 

Senator Weicker. We had testimony. Mr. Ivleindienst, before^tlm 
committee that he would indicate that both Mr. Lhrlichman^and the 
President had soured on Pat Gray around March 6 or March ( . 

Mr Kleindiexst. I did not know about that. I knew, I guess, as ot 
the time I was out in San Clemente around April 5 that I must have 
known the decision was made because we were talking al>out my rec- 
ommendations for a pei^on for the President to nominate to be the 
next permanent Director. So I guess I knew about it prior to April o. 
I do not believe I was informed that day of the decision. 1 think i 



n 



nobably knew that before. ,, ^ • v ,. j 

■ Senator Weicker. Now, in testimony yesterday Mr. Gray indicated 
to the committee— T think I am correct in my paraphrase— that when 
they met in your office on the evening of the 2(ith. you advised Mr. Uraj 
tiiat vou tho'uirht it best that he step down. 

Mi: Kr.EixniExsT. Yes, I did, and Pat really did not agree with tliat. 
I called the President, gave him a report of the meeting, what Pat 



(1623) 



85.6 RICHARD KLEINDIENST TESTIMONY, AUGUST 7, 197Z, 9 SSC 3598-99 

3599 

told me. I said, Mr. President, my recommendation is that Pat step 
down. Pat does not feel that way about it. And then my recollection is, 
Senator — and I have read Pat's testimony yesterday, but my recollec- 
tion was that I said, Pat, tomorrow you have a meeting with the top 
people of the P^BI and get their reaction as to whether or not as a 
result of this situation you can credibly serve as the Acting Director 
until a permanent Director comes along. He seems to recall that that 
was his own tliinking. Maybe not. I do not know. In any event, the 
next morning he did meet with the top people of the FBI and he called 
me and said that, and I recall him saying that, you are right, the 
people here do not feel that I can credibly remain as the Acting 
Director, and then I recall I said, Pat, I think you ought to call the 
President yourself and submit your resignation to him this morning 
and you do that directly. 

Xow, that is my recollection of it. 

Senator Weicker. I have no dispute with your recollection. 

May I just ask one question? I do not want to interrupt. 

Mr. Kleindiexst. I want to set the record straight on one thing. 
You recall Mr. Gray had made an offer to the Members of the U.S. 
Senate that they could have access to the FBI files and then that order 
was rescinded. I believe that you were scheduled to go up there on a 
Saturday morning to see them and I called you personally and said that 
I ordered that to be rescinded. No one else was responsible for that 
decision except myself. I disagreed with the position taken by ^Ir. 
Gray in his confirmation hearings and that I was the one, who as the 
Attorney General of the United States, who rescinded that offer by 
]VIr. Gray and I think I called you personally and it was not a pleasant 
task for me, to call you personally that I had rescinded it, and I think 
there was something said yesterday to the effect that somebody else 
had made that decision. Nobody else did. I made that and I want to 
take that responsibility. 

Senator Weicker. The last question, because my time is up, when 
you called the President, did the President tell you that Pat Gray 
should step down, on the evening of the '2Qth ? 

Mr. Kleixdiexst. No. I think I gave him my recommendation and 
I also, to the best of my ability, reported Pat Gray's position on it 
and I think the President then said to me, well, if Pat does not want 
to resign immediately or right now, I am not going to require him 
to do so until we can analyze the matter further or give some addi- 
tional information. That was the President's posture. 

Senator Weicker. Thank you. My time is up. 

Senator Er\7x. Senator Montoya. 

Senator Moxtoya. Mr. Kleindienst 

Mr. Ki.EixniEXRT. Yes, sir. 

Senator Montoya. About how many times did you speak to the 
President between June 17 and the time of your resignation? 

Mr. Ki.ErxDiExsT. How many times? 

Senator ^Toxtoya. Yos. 

'SIv. Kr.EixniFNST. Bov, it would he a guess. The committee has in its 
possession my telephone logs that would moi-e accurately reflect that. 
I would say 10 or under times and that is just a guess. Senator 
Montovrt. 

Senator Moxtoya. Ten? 



(1624) 



[ ; 



86. On April 26, 1973 Jeb Magruder resigned his post as Director 
of Policy Development for the Department of Commerce. 



Page 
86.1 Washington Post , April 27, 1973, Al, A16 1626 



(1625) 



86.1 WASHINGTON POST, APRIL 27, 197 Z\ A'J . Al6 






o 

Resigns 



U. 



S. JgI} 



o 



First Ajjiojig 
Walergalc 
Figures to Quit 

By Gcorce L;frdner .'r. 
and Carroll Kilpatrick 

Washrngtopi ro,-c sraif Wrf.^rs 

rJeb Stuart .Ma;:ruder, a 
former White House aide 
who served as President 
Nixon"s 1972 deputy cam- 
paign director, resijued 
L abruptly from the Com- 
merce- Department yes- 
tgi'day. 

His lawyer, .lames Birr- 
bower, confirr-ied last nisht 
Ihal Mapniclpr had qiiil. His 
rcsignalion from his .Slfi.nno- 
a-.vcar post as director f>f 
polic.v dcvrlopmcni is ."x- 
peeled 10 he formaliy ac- 
cepted today. ^ 

The first oiiuial aiiumy 
those mentioned in the Wa- 
tercate case tn leave the 
povcinmcnt in liic "ake of 
recent riisclo.-ure.*. .Ma:;!ii- 
der reportedly told federal 
prosecumr.s on .Vpril 14 that 
former .\ltnrn.v CIrnoral 
John N. Milchcll atid pres- 
idential counsel John W. 
Dean III approved and help- 
ed plan the Inic::in2 last 
year of Dcniocratic national 
headquarters. 

He has also been reported 
as .sayins that .Mitchell and 
Dean sulii^eqiienlly arranged 
to buy the silence of the 
seven convicted Watcrcate 
conspirators. 

Karlicr in the day. While 
House press secretary Kon- 
ald I. 7.:f ■\rr I'.'.-l repniirrs 
thai :.<• ■.■:. •; ■■. ■ :, ; 
rcsi'.iiiatiMiis lind been otter- 
ed or requested. 

Durinc the Watersnie 
trial. M.i;ru'!''r wa'. nanud 
a% the ::..in ■ !':i ti;:T(l cftn- 
victed \\ .i:i-i -.lie i iin.s|iiin- 
lor (;. (oiiauii i..>Ui. fur the 
Picsident.s icrkMiioii ef- 
fort. 



Maeruder tr.stificd at the 
trial tii.i; lie h.id no knowl- 
edge of ihe Waiercale hu:;. 
Rinz but saifl Ih.-il he helped 
estahli<;h v.ha( was sii|ipnsed 
to be a ■leqal" and ••rlhiral" 
intelli;enre :;alheiin- opera- 
tion. ' 

He .sub.-pqucnily "chose to 
talk becau.se he felt the 

walls were cominc in on 
him," one source reported. 
A clean-cut, hoyish-faced 
man with a barkiround in 
merchandising cosmetics 
and women's ho.?iery. .Ma- 
grudcr served at the While 
House as a deputy to chief 
cf staff K. R. (Boh) Halde- 
man and later as MittheU's 
principal assistant at the 
Presidents re-election com- 
miltre. 

Ma cruder is not believed 
to have testified yet before 
the Watprcaie arand ,iury. 

-M i I c ii p 1 1 acknow ledsed 
puhlirlv i.-ii. „pck for the 
fi;:-t time that hus-inz plans 
wore broached in his pres- 
ence at snvrral mre!in;s be- 
fore the V.a;erEale break-in. 
but insisted that he rejected 
the proposals when they 
came up. 

There were th-'se other 
(•"velfprnfms relating to the 
■^Vd;er33te affair; 

• Tile .\s.5ociatinn of the 
Ssr nf the City of \ew York, 
liie n;i;io;,'s olde.u orsjini^ed 
bar rriiin. callod on Pr.-.;;. 
iicnt .N'i.von to appoint ;.n i.n- 
depcndent lawyer to conduct 
an investisation of t"he Water- 

The present arran;ement 

whereby presidential appoint- 
ees .ire cnnduct:r.; the in\es. 
tisation "has resulted in ju.'iti- 
fiahle douht cnncerninj: pos- 
sible conflict of interest, as 
well as problems relntinj to 
professional ethics." a letter 
from the bar group said. 

• former presidential ad- 
viser Robert H. Finch was 
reported to have declined an 
offer to return finm private 
life in California to a While 
HouSi- job. .\ cnncression.il 
ni'Piihlicin leader said 
Finch told him this week he 

'■ -d ■'-, i- .. :-r: ,-,.i,- tl,-i-;. ;-.,-■.-) 
!l;e f :;.■.-. 

• Ziecler denied a Wash- 
iriEton Post teporl that fur. 
nicr (lilViivr .S.-crclary .\|rl- 
\i:i 1! I..-i-:<i ^v.•l^ n'i'.^ril to 

- .■'iridtK r -1 ■■•-ir "-pr-iii,,.-!. 
tiun al llie While House. 



Howard Simons manatr- 
inc rflitnr of Tlie Post, 
replied: "We stand by our 
story " 

• \"ice Piesiden: .\i:n«»v.' 
told a 2rnup of Jfarvard Uni- 
versity sliirienls that he 
would "resi::n and speak 
out" if he ever found him- 
self in "deep riis.i:ri cement" 
with the President on an is- 
sue of conscience. 

V>'hile expressiP2 "utter 
confidence" in the Presi- 
dent. .\gnew said, in reply 
to a question during a meet- 
ing in his office with mem- 
bers of the Harvard Republi- 
can Club, that if he found 
hi.-nself in disasrecmoni 
with the President on a mat- 
ter . of conscience "I 
wouldn't stay here as Vice 
President and use this as a 
pulpit to criticize the Presi- 
dent. I would rcsisn. 

"This doesn't mean that I 
have any intention of resiin- 
in3. because I still have con- 
fidence that the Presioent 
has not been involved in a 
way that would siiocii my 
conscience." 

• Treasury Secretary 
Georse P. Shultz said in an 
interview with Elizabeth 
Drew of the Public Broad- 
ca;tina Service that tile 
Watersate cas" would not 
undermine the President's 
c.-oacil> to ^f^vern. .Sii'jlt; 
said that while Watergate- 
"is a very difficult and un- 
pleasant problem'" for th" 
President he u-ii! take vigor- 
ous action to determine the 
facts. 

• John J. Wilson, an attor- 
ney representing presiden- 
tial aides H. R. (Bob) Halrio- 
man and John D. Ehrlich- 
man, spent some time at the 
White House yesterda.v 
morning but did not sec Mr. 
Ni.\on, Zieglor said. 

Later. Wilson was seen en- 
tering the office of the fed- 
eral prosecutor in the 
Watergate case. Karl J. 5il- 
bort. 

AVilsoii remained at Sil- 
bert's office for about a half 
hour. On leaving, he said 
til it iir lih'^i- f " •' '; ••■:-r: r.nr 
IJIuiichman :i.i.. 'jc ■: -ub- 
pnenaed to .ippear before 
the irrand jury. Wilson 
would not say whrllior the 
twohafi been imitcii to ap- 
pr.ir 

Zii'.;lcr Mtainl.ii'i'd Ih.-it 
the President has not talked 



to an.vonc .-^Sout replarin-* 
anyone on the V. hite Koii^o 
staff. 

The t^icsirtcnt is continu- 
ing his investic:a;!nn and 
consultina daily with .-Vssisi. 
ant .-\ttorne.\ C;eneral Henry 
E. Petersen. Ziccicr s3io. 
but he adderl that 'the p.-ot- 
csses of government are go- 
ing on." 

While Mr. Nixon has held 
two meetinss with Wilson. 
he does not plan to meet 
him again, Ziesler said. 

Or\iIlc H S^iiell .!r.. presi- 
dent of the Irt.OOn-member 
-Xew York City bar a.ssocin- 

tion. m'.'le up of sc.-ne of 
the nalion's most influen- 
tial lawyers, released iii? 
letter to the President which 
he said was doiivered at t!-.s 
White House early yester- 
day. 
■The letter, sent with the 

un5nimo-j5 suppc.r- q/ jj-.^ 
bar group'; e.\ec!i;:->e co.t- 
ir.ittee. said. ■ V.'e feel tn;=t 
it must have ocruried to yo-j 
that lawyers and lavxer, 
alike would have 3ret.:or 
confidence if .all pro-eedir.:.= 
were u.nder the innepe^de.^t 
and (i".re-?t cnr.Tol of an 
eminent lawyer, who h.as ro 
connection wit.h -he Dep.i."'.- 
mem of Jirrrr-? or any ': 
the persons unr..?r ir,\ «■•;;:'- 
lion. 

"We IhT^-ore urge you to 
appoint such special coun??! 
from amon^'i: »hp nTirr^erojS 
ieadeis ••>: ■'•■'• ■• ■:■ v'r.-. ro;: i 
accept surh a-, as; rnme^t 
and discharsp their ob!;:a- 

: on w' ihoir if^r nr :-vor." 
. Sen. Jacob K. Jsviis fR- 
.\.Y.I. who is a m^.Ti.i'r "f 
he bar association, tcrmrri 
IP move "nio-.f consiructive' 
and said he supported it. 



,:? 



ir 



(1626) 



87. On the afternoon of April 27, 1973 Patrick Gray notified 
Lawrence Higby that he was resigning as Acting Director of the FBI . 
From 4:31 to 4:35 p.m. on April 27, the President had a telephone conver- 
sation with Petersen during which the President asked if Petersen had 
any information that would reflect on the President. Petersen said no. 
At the President's request, Petersen met with the President from 5:37 
to 5:43 p.m. and from 6:04 to 6:48 p.m. The President again asked if 
there was adverse information about the President. Petersen said he was 
sure that the prosecutors did not have that type of information. 

The Committee has requested the tape recordings and other 
evidence of various Presidential conversations on the afternoon and 
evening of April 27, 1973. The President has produced edited transcripts 
of the conversations between the President and Petersen from 5:37 to 5:43 
p.m. and among the President, Petersen and Ronald Ziegler from 6:04 
to 6:48 p.m. Summaries of the transcripts have been prepared. 

Page 

87.1 L. Patrick Gray testimony, 9 SSC 3492-93 1629 

87.2 L. Patrick Gray log, April 27, 1973 

(received from SSC) 1631 

87.3 Meetings and conversations between the 
President and Henry Petersen, April 27, 

1973 (received from White House) 1633 

87.4 Henry Petersen testimony, 9 SSC 3636 1634 



(1627) 



Page 

87.5 House Judiciary Committee staff summary of 
White House edited transcript of a meeting 
between the President and Henry Petersen 

April 27, 1973, 5:37 - 5:43 p.m 1635 

87.6 House Judiciary Committee staff summary of 
VThite House edited transcript of a meeting 
among the President, Henry Petersen and 
Ronald Ziegler, April 27, 1973, 6:04 - 

6:48 p.m 1638 



(1628) 



87.2 L. PATRICK GRAY TESTIMONY, AUGUST 6, 1973, 9 SSC 3492-92 

3492 

stuffed leather chaii- and Mr. Kleindienst was sitting riglit in front of 
me facing me and he said to me, '"It doesn't seem to me that you can 
continue as acting director of the FBI,"' and I said, "Well, Dick, it 
does seem to me that I can continue as acting director of the FBI 
because these files had absolutely nothing to do with Watergate and 
the men and women of the FBI know I have done nothing to stifle this 
investigation, but that I will accede to whatever the President wishes. 
If he wishes me to continue to serve, I will serve. If he wishes me to 
resign, I will resign." ' 

Mr. Eleindienst then went into his other office and said he was going 
to talk to the President and during his absence Mr. Petersen was pacing 
up and down in the office, walking back and forth, and I remember 
him distinctlv saying, "Pat, I am scared." And I said, "Henry, wliy ?" 
And I am still sitting there in that chair. And he said, "I am scared 
because it appears that you and I are expendable and Hakleman and 
Ehrlichman are not." And I said, "Henry, do you think I should get a 
lawyer?" And — this is the first time I had entertained the idea, and he 
said, "Yes." And I did. Later. 

But then Mr. Kleindienst came back into the office and sat down in 
the chair again, facing me, anr] said "The President wants you to con- 
tinue to serve as acting director," and I said, "Fine, Dick, I will do 
it." And then all three of us left the office. We walked out of the office 
ogether. 

Senator Weicker. Now, would you move to the morning of the •27th ? 

Mr. Gray. Well, when I got home that evening I got — it was after 
8 o'clock and I did quite a bit of thinking about this and I thought 
that I had better really resign, that this was not the thing to have 
done and that there was no way in the world that I would be able to 
explain it to the FBI. It would take too long. So coming into the 
office that next morning, I asked two members of my personal staff, 
the oldest two members, to come in and sit down with me. I told them 
all the facts and I said, I just feel that I can no longer command the 
FBI. They agreed with me and I told them, I said, all right. Wliat 
I want you to do, I am going to call Marjorie in, my secretary, and 
dictate my resignation. I want you to prepare a statement to go along 
with it. Earlier that morning, at about 8 o'clock, when I first came in, 
I called Mr. Felt, reached back on my console, pushed his button and 
called him and I said, "Mark, later on I am going to want to talk with 
you and members of the personal staff about this story of the burning 
of the files but I feel that I can no longer command the FBI." I told 
him that earlier. Then vhey came — the members of my personal staff 
came — the two members of my personal staff came back in at about 
10:15 in the morning. I asked Mr. Felt to come in. We went over the 
whole thing again, went over the statement. We went over my letter of 
resignation and I told Mr. Felt to have the acting directors assemble 
at 11 :30, that I was goinir to toll tlie .Vttorney General that I was 
going to resign and that was all that was to it. 

I can't — ^I believe that I did tell the Attorney Gener.al. I am pretty 
sure that I told the Attorney General. I haven't even looked at my 
logs to see if there is a telephone call to him but I am pretty sure that 

I told him that I was coing to resign. 
I had Mr. Felt set up the meeting with the assistant directors at 

II :oO in my conference room so I could appear before them and tell 



11 

r. 



(1629) 

35-904 O - 74 - pi. 3 -- 36 



87.1 L. PATRICK GRAY TESTIMONY^ AUGUST g, 1973^ 9 SSC 3492-93 

3493 

them. And I did. I met witli tliem and I told tliem exactly what had 
happened and I said, Mr. Felt will tell yoti all the details but I feel 
that I can no lon<ier command the FBI. 
I shook hands and I said goodbye. 

I think it was then, at about noon, that I called ^Mr. Higby. I called 
Mt. Haldeman's office asking to speak to the President and I got Mr. 
Higbv and Mr. Higby said that the President and Mr. Haldenian and 
Mr. Eiirlichman were in Mississippi with Senator Stennis. and I think 
it was JNIeridian. but I am not sure of the town, and that he would have 
to get to them with regard to my statement to him that I was going to 
resign, that I could no longer command the FBI, and that if I tried to 
do so, there would be insurrection and mutiny, and that this resigna- 
tion had to be accepted. And that was just at aBout noon. 
And I believe — let me refer to my logs. 
Senator Weicker. Go ahead. 

Mr. Gray. Yes. I telephoned Mr. Higby at 12:18 p.m. and I told 
him at that time that my resignation had been written and was on its 
way over, and he said, "let me talk to them, the party down there in 
Mississippi, before you send this over. 

And then there was another call at 1 :59. Mr. Higby spoke to me and 
said, ''Please send your resignation over. They are expected back at 
aljout 3 o'clock." And I believe it was in this call that I told him I also 
wanted to issue a statement along with this resignation of mine and 
this — my recollection is that it took him aback a little bit and he said, 
"Xobody at the White House is going to want to issue this statement," 
and I said, "No, my statement is harmless. I am going to issue it," and 
I read it to him. And then he called me back at 2 :09 p.m. and told me to 
go ahead and send the resignation over and send the statements over to 
him, which I did. 

Senator "Weicker. Now, after your resignation was announced, did 

vou receive any information 

^Ir. Gray. When I left. 

Senator Weicker. Or any indication that according to White House 
officials, those associated with the '\'\1ute House, the fact that j-ours was 
not a resignation but rather you had been kicked out ? 

Mr. Gr-vy. Yes, sir. I left the department that afternoon about 
2 :45 p.m.. and drove, as I recall, to Connecticut and I think it was the 
next day that I talked with my executive assistant, who told me that 
tiiere had been stories that had been carried on the wires to the effect 
that I had been thrown out and that he had taken it upon himself 
to — because he had participated in this whole thing with me — he had 
taken it upon himself to issue a correcting statement attributed to FBI 
sources. 

Senator Weicker. Then, at any point, I repeat, between ^larch 21 
and April 27, which marked the date of your resignation, at any time 
diiring that period did you or were you requested by the President 
of the United States to give to him information, facts, et cetera, rela- 
tive to the Watergate situation ? 

Mr. Gray. I was not gi\en any orders by the President of the United 
States or anvone to give them any facts about the Watergate situation 
until Mr. Petersen came to me on April 16, and I have already testified 
to tliat in my statement. This is when thev asked me whether John 
Dean liad given me two of Howard Hunt's files. 



L 



(1630) 



87. 2 L. PATRICK GRAY LOG, APRIL 27. 1973 



DAILY LOG f*""^ ''dji 

DinccTon's orricE jj^^ 1 \ 

FEOCRAL DUREAU OF INVESTIGATION 



fnt. J /)PP.,I 17 J ff T^ 



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Mr. Ma,x SN/iiPjrio — 
^.F°!-:C To ■'-{ f;. t:;o oL_ 



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i--.'/-'r/' o.-- A^'jz// /d//; /oA<?/j 



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(1631) 



87. 2 L. PATRICK GRAX LOG, APRIL 27^ 1973 



DAILY LOG :- 

DltlECTOn'G OFFICE j 






FI-OERAU BUHLAU OF IMVESTrcATlON 






DATE fpi.^ AP .-. fg- .Z^j /q? s 



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r\ 



(1632) 



87. 3 MEETINGS AND CONVERSATIONS BETWEEN THE PRESIDENT AND 
HENRY PETERSEN, APRIL 27, 1973 



Mr. Pt:t--rsi-u 
AprW 23, 1973 
AM 11:09 11:35 

1 1 :44 1 1 :49 



PM 



7:27 7:3' 



April 25. 1973 

AM 8:56 9:01 

PM 5:37 6:45 



April 26, 1973 



PM 5:56 6:17 

7:12 7:14 



F 



April 27, 1973 

PM 4:31 4:35 



5:37 5:43 

6:04 6:48 




AprU 2a, 1973 



\>\\ 



9:13 9:25 



7:(ll'. 7:11. 



ii 



■ 2- 



lOlSbu 



ProsidenL telephoned Mr. Petersen (long 

distance) 
President tcleplioncd Mr. Peterben (long 

distance) 

President telephoned Mr. Petersen (long 
distance) 



April 24, 1973 

AM 8:52 9:02 



President telephoned Mr. Petersen (long 
distance) 



President telephoned Mr. Petersen 
President met with Mr. Petersen 



President telephoned Mr. Petersen 
President telephoned Mr. Petersen 



President telephoned Mr. Petersen 

President met with Mr. Petersen 

President met with Mr. Petersen 

(Mr. Ziegler 6:10-6:20) 



President telephoned Mr. Petersen (lonj 
distance) 

Prosidt-nt li!c^;)honed Mr. IVtcvnon (Ion: 
(I I slfi :iA c ) 



(1633) 



c 

L: 



87.4 HENRY PETERSEN TESTIMONY, AUGUST 7, 1973, 9 SSC 3636 

3636 

Mr. Petersen. No, sir; ilr. Dash. As late as April 27, 1 can be very 
certain about that, on April 27 I received a call from the President 
who said do you have any information that \vo\ild reflect on the Pres- 
ident on this thing? I said, no. He said, would you come over, and I 
did. I went over to the Wliite House and he repeated the question and 
I said. no. I said, I do not have that type of information. I am sure the 
prosecutors do not. If they did they would convey it to me immediately, 
and we discussed it and 

Mr. Thompsox. Can you state the basis of his concern ? 

Mr. Petersen". Yes; two reporters, one from the New York Times 
and one from the Washington Post, posed the question at the White 
House press office with the implication that this information was in 
the hands of prosecutors. Well, he said, well, would you mind calling 
tomakedoubly sureand Idid not 

Mr. Thompsox. Exactly what information, that the President was 
somehow involved? 

Mr. Petersen. Somehow involved. It was just as general as that. I 
said yes, I would call. I went into the Cabinet room and made a call, 
called Earl Silbert, and told him of the reports that had been received 
in the White House press office and he said absolutely no, there was 
no such information available. 

Mr. Thoscpsox. Did I understand you to say that on April 15, -when 
you discussed the fact that you felt Haldeman and Ehrlichman should 
be dismissed, the President said in effect that Dean should be dismissed 
also, he seemed to be involved to a certain extent ? 

Mr. Petersen. It certainly was clear the President wanted to treat 
all three alike. 

Mr.' Thompson. Because of your suggestion the President evidently 
waited until April 30 before dismissing Dean. 

Mr. Petersen. That is right. 

Mr. Thompson. He was kept on the staff primarily as far as 30U 
know because of your request that 

Mr. Petersen. From prosecution : yes, sir. 

Mr. Thompson. Thank you. 

Senator Ervin. Mr. Petersen, is it not a part of the judicial process 
that witnesses shall go before grand juries if thov are able bodied and 
available so that grand jurors may interrogate them ? 

Mr. Petersen. That the grand jurors may interroirate them : yes, sir. 

Senator Er\ix. Now, I am not an expert on Federal statutes but T 
have searched in vain for any Federal statute or any rule of court 
which would exempt from a personal appearance before a grand jury 
anv witness who is able bodied and readily available to the grand juiy. 

Is there any such statute ? 

iSfr. Petersen. No, sir. 

Senator Ervtn. Now. there were three T^^iite House aides. Colson. 
Yoimg, and Krogh, and fonner Secretary Maurice Stans who were 
exempted from goin<r befoi-e the grand jury in person. 

Mr. Petersen. T think we ought to clarify that, ^fr. Chai^rnian. 
Colson. Krogh. and Young. T don't believe, were subpeuaed. We just 
decided we wanted their testimony, we wanted it under oatli and we 
did not use the subpena process. .So to that extent there is a distinction 
with what we did Avith Stans. At the outset we were goiiiLrtn take Stans 
before the grand jury and we issued a subpena fo?- that purpose: yes. 
so that is a distiniruisluible situation. 



(1634) 



87.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 27, 1973, 5:37-5:43 P.M. MEETING 



SUMMARY OF EDITED WHITE HOUSE TRANSCRIPT 
APRIL 27, 1973.5:37 p.m. to 5:43 p.m. 

On April 27, 1973, the President met with Henry Petersen in 
the Oval Office from 5:37 to 5:43 p.m. The President told Petersen 
that they had gotten a report that "really we've got to head them off at 
the pass. Because it's so damned — so damn dangerous to the Presidency, 
in a sense." The President referred to a New York Times reporter, Hersh, 
who told Bittman, who told O'Brien apparently, that Hersh had information 
"indicating that Dean has made statements to the prosecuting team implicat- 
ing the President." The President said that the Post had heard similar 
rumors. The President said, "Now, Henry, this I've got to know. Now, 
understand — I have told you everything I know about this thing." Peter- 
sen said he would get in touch with Titus, Silbert, Glanzer and Campbell 
immediately. The President asked, "Do you mind calling them right now?" 
and Petersen agreed to do so. (pp. 1-2) 

The President said to ask them, "All of your conversations with 
Dean and Bittman, do they implicate ''the President?" Petersen replied that 
they had "a kind of crisis of confidence night before last.'* Petersen said 
he left to go to the White House and left his two principal assistants to 
discourse with Silbert and the other three. Petersen said it concerned him 
whether or not they were at ease with Petersen's reporting to the President 
and that he had pointed out to them that he had very specific instructions, 
and had discussed that with them before. The President said, "Yes." Peter- 
sen continued, "As a consequence — I kind of laid in to Titus yesterday and 
it cleared the air a little bit, but there is a very suspicious atmosphere. 
They are concerned and scared. Ah — and I will check on this but I have 
absolutely no information at this point that — " The President said, "Never 



(1635) 



87. S HOUSE JUDICIARY COmilTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 27, 1973, 6:37-5 : 43 P.M. MEETING 

-2- 



heard anything like that — ," and Petersen said absolutely not. Petersen 
told the President, ". . ,1 do not consider it, you know, I've said to 
Titus, 'We have to draw the line. We have no mandate to investigate the 
President. We investigate Watergate.' and I don't know where that line 
draws, but we have to draw that all the time." (pp. 2-3) 

The President replied, "Good. Because if Dean if Isic] implicat- 
ing the Presidency — we are going to damned well find out about it." The 
President told Petersen that "the only conversations we ever had with him" 
was "that famous March 21st conversation I told you about" where Dean told 
the President about the Bittman request for $120,000 for Hunt. The Presi- 
dent said, "And I then finally began to get at them. I explored with him 
thoroughly, 'Now what the hell is this for?' He said 'it's because he's 
blackmailing Ehrlichman,' Remember I said that's what it's about. And 
Hunt is going to recall the seamy side of it." The President continued, 
"And I asked him, 'Well how would you get it? How would you get it to 
them?' so forth. But my purpose was to find out what the hell had been 
going on before. And believe me, nothing was approved. I mean as far as 
I'm concerned — as far as I'm concerned turned it off totally." (pp. 2-3) 

Petersen said, "Yeah. My understanding of the law is — my 
understanding of our responsibilities, is that if it came to that I would have 
to come to you and say, 'We can't do that.' The only people who have juris- 
diction to do that is the House of Representatives, as far as I am concerned." 
The President said, "That's right. But I want you to know, you tell me, 
because as far as I'm concerned ~" Petersen said, "I'll call them." The 
President told him to use the Cabinet room so "you will be able to talk 
freely" and asked whom Petersen would call. Petersen said he would call 
Silbert and, if he was not there, Titus. The President said, "You'll say 
that 'This is the story some New York Times reporter has and Woodward of the 

(1636) 



87.5 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 27, 1973, 5:37 - 5:43 P.M. M EETING 

- 3 - 



Post , but Hersh is reporting that Dean had made a statement to the prose- 
cutors.' Now understand that this is not a Grand Jury thing. Now damnit 
I want to know what it is." Petersen said, "I'll call right away"; the 
President said, "And I need to know." Petersen said, "Yes, sir." (pp. 3-A) 



(1637) 



87.6 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 27, 1973, 6:04-6:48 P.M. MEETING 



SUMMARY OF WHITE HOUSE EDITED TRANSCRIPT 
April 27, 1973, 6:04 p.m. to 6:48 p.m. 

On April 27, 1973 the President met with Assistant Attorney 
General Henry Petersen in the Oval Office of the White House from 6:04 to 
6:48 p.m. Ronald Ziegler was present for part of the meeting. 

Petersen told the President that Charlie Shaffer, Dean's lawyer, 
had threatened that they would "bring the President in," not in this case 
but in "other areas." Petersen said the prosecutors did not consider it 
of importance and regarded it as an elaboration of his earlier threat. 
"What else do you have besides that?" the President asked. Petersen re- 
ported that the investigation that day was dealing with the Cubans, Mrs. 
Hunt and the passing of money to the defendants; and that the prosecutors 
were going to interview Butterfield and Caulfield, while continuing their 
negotiations with Strachan on having flunked the lie detector test. Peter- 
sen said they were telling Strachan he had to make the choice whether he 
wanted to be a witness or a defendant (pp. 1-4) 

As Petersen began recounting this information, the President again 
brought up "this threat," apparently referred to a possible Sejmiour Hersh 
story in the New York Times , and told Petersen, "If it were in the Grand 
Jury I want to know that too." The President said, "(expletive removed). 
You've got to believe me. I am after the truth, even if it hurts me. But 
believe me, it won't." The President added, "Just like it won't hurt you. 
We are doing our job." He told Petersen that somebody was in the other day 



(1638) 



87.6 HOUSE JUDICIARY COMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 27, 1973, 6:04-6:48 P.M. MEETING 

and was saying "Dean is going to blackmail you because of something you're 
supposed to have told me." And, the President told Petersen, "I said 
(expletive removed), I said, you have a right to tell me what was going 
on." (p. 2) 

Ziegler joined the meeting, and the President asked Petersen to 
repeat Dean's attorney's threat. Then the President said to Petersen, "You 
remember my call from Camp David. I said 'Don't go into the national secur- 
ity stuff.' I didn't mean — " Petersen replied, "Oh, I understand." The 
President continued, " 'cause I remember I think we discussed that silly 
damned thing. I had heard about it, just heard about. You told me that. 
That's it, you told me." The President said, "What (expletive removed) 
did they break into a psychiatrist's office for? I couldn't believe it." 
(pp. 6-7) 

The President's and Ziegler 's telephone conversations with Dean 
were discussed, and the President said, "I don't want to hurt John Dean. 
Believe me — I'd like to help him." The President asked Ziegler about up- 
coming stories in the Washington Post and New York Times . The President told 
Ziegler to "take a hard line . . . Because boy, if there's one thing in this 
case as Henry will tell you, since March 21st when I had that conversation 
with Dean, I have broken my ass to try to get the facts of this case." The 
President said that he intended to appoint William Ruckelshaus acting FBI 
Director, that he had told him to leave no stone unturned and he didn't give 
a damn who it hurt, and that Ruckelshaus was "Mr. Clean." The President said, 
"If there's one thing you have got to do, you have got to maintain the Presi- 
dency out of this." (pp. 5-10) 



-2- 



(1639) 



87.6 HOUSE JUDICIARY COmilTTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 27, 2972, 6:04-6:48 P.M. MEETIHG 

Petersen said that the prosecutors had told Dean's lawyers to 
stop when they said they would tie the President into other areas, that they 
didn't want to get into it or discuss it. Petersen said he thought it was 
"bombast, . . . negotiation." Ziegler said it was just rumor, not about to 
break in the papers. The President told Ziegler to "Kill it. Kill it hard." 
(p. 12) 

Ziegler left the room, and the President raised the problem of 
immunity for Dean. The President told Petersen that he did not want the 
Impression left that by saying don't grant immunity to a major person he 
was trying to block Dean giving evidence against Haldeman or Ehrlichman. 
Petersen said that he regarded the question of immunity to be his sole re- 
sponsibility, and could take opinions but would have to treat them as 
advisory only. The President said he had only expressed an opinion, that 
Petersen had to determine "who is the major culprit," and the immunity 
decision was Petersen's. The President told Petersen, "[I]f your prosecutors 
believe they have got to give Dean immunity, in whole or in part, in order to 
get the damned case, do it." Petersen said the prosecutors vacillated, they 
were concerned about credibility and thought Dean would have most credibility 
if he pleaded and was a co-defendant against Ehrlichman and Haldeman, rather 
than someone who had been given Immunity. After some discussion of Wilson 
and Strickler, the President said, "All right. We have got the Immunity 
problem resolved. Do it. Dean if you need to, but boy I am telling you — 
there ain't going to be any blackmail." They discussed Dean's being in charge 
of the White House investigation of Watergate, and his past conversations with 
both Petersen and the President in that capacity, especially his March 21 



-3- 



(1640) 



87.6 HOUSE JUDICIARY COmiTTEE STAFF SUl-lMARY OF MITE HOUSE EDITED 
TRANSCRIPT OF APRIL 27, 1973, 6:04-6:48 P.M. MEETING 

conference with the President. (pp. 12-18) 

The President said that they would get Dean in there, and suppose he 
started trying to impeach the word of the President of the United States and 
said, "Well, I have information to the effect that I once discussed with the 
President the question of how the possibility, of the problem," of "this damn 
Bittman staff." The President told Petersen, "[I]t won't stand up for five 
minutes because nothing was done, and fortunately I had Haldeman at that con- 
versation and he was there." The President explained to Petersen, "I said, 
'Look, I tried to give you this, this, this, this, this, and this.' And I said, 
'First you can't get clemency to Hunt I" The President said that he was "trying 
to get it out. To try to see what Dean had been dong.'" The President told 
Petersen, "I said, 'First you can't give him clemency.'" Somebody, the President 
said, had thrown out something to the effect that Hunt had an idea he was going 
to get clemency around Christmas. He said he told Dean, "Are you kidding? You 
can't get clemency for Hunt. You couldn't even think about it until, you know, 
'75 or something like that." The President continued, "Which you could, then 
because of the fact, that you could get to the — ah — But nevertheless. I 
said you couldn't give clemency." 

The President told Petersen he had said the second point to remember 
was "How are you going to get the money for them?" "If you could do it, I mean 
you are talking about a million dollars." The President said he have Dean 
several ways and said to Dean, "You couldn't put it through a Cuban Committee 
could you." The President said he asked Dean "because to me he was sounding so 
damned ridiculous." The President told Petersen that he said, "Well under the 
circumstances . . . There isn't a damn thing we can do ... . It looks to me 
like the problem is sue John Mitchell." The President said that Mitchell came 

-4- 
(1641) 



87.6 HOUSE JUDICIARY COMMITTEE STAFF SUMIMRY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 27, 1973, 6:04-6:48 P.M. l-JEETING 

dovm the next day and they talked about executive privilege, nothing else. "Now, 
that's the whole story," the President said to Petersen. "I just want you to 
be sure that if Dean ever raises the thing, you've got the whole thing. You've 
got that whole thing. Now kick him straight — ." 

Petersen replied, "That's — I mean — that what we had to do. I just 
don't see how we can minimize that man. That's all there is to it." (pp. 18-19) 

The President asked if Dean was talking to Bittman. Petersen said, not 
to his knowledge, that it was Bittman to O'Brien. The President said he didn't 
know, it may have been Bittman to Dean. The President asked about Bittman and 
Petersen said that Bittman was concerned about the allegation that he was attempt- 
ing to blackmail the White House, on behalf of Hunt, for substantial sums of 
money in return for Hunt's silence. Petersen said that they might have to get 
into Bittman's fees. Petersen said that what they thought happened was that a 
considerable amount within the law firm was paid out in fees and the balance 
went to Dorothy Hunt for distribution to the Cubans and what have you. Petersen 
said that the strange thing was that they could have done it openly, and the 
President said, "Why, of course.!" Petersen said, "Once you do it in a clandestine 
fashion, it takes on elements — "; the President said "Elements of a cover-up"; 
and Petersen continued, "That's right, and obstruction of justice." The President 
said, "That's what it is, a question of the way it was done." (pp. 19-22) 

Petersen said that Bittman maintained that the allegation, made by 
McCord, that he was trying to blackmail the White House, was a lie. The 
President said, "Of course, you've got Dean now corroborating — " Petersen re- 
plied, "Well, we have Dean alluding to it, but not circumstances that we can use 
it." The President said that he had forgotten that this was hearsay. (p. 22) 



(1642) 



87.6 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 27, 1973, 6:04-6:48 P.M. MEETING 

Petersen said the link was O'Brien, the lawyer, who was "very scared." 

Petersen said that if O'Brien said that as part of the scheme to ensure silence 

of those that were convicted, they made an arrangement whereby money would flow 

through Bittman in the form of legal fees for distribution to those people — 

"Then you've got it." (pp. 22-23) 

The President said LaRue had to know, and Mitchell. The President 
asked who had used the code name Rivers. Petersen said he had hear the name 
Baker and they were probably couriers that Caulfield recruited. (p. 24) 

The President reviewed what Petersen had told him and said, "[T]here 
is no way they could get that to the President without going through Haldeman 
and Ehrlichman." There was no way, the President said, they could get it here 
"except through the fact that on March 21st Dean, as I reported to you, did re- 
port to me that Bittman had told O'Brien that they needed the money. It was 
discussed and we, I said, 'It can't be done. We can't do it.'" The President 
said that Dean went on to see Ehrlichman and Ehrlichman said "No dice." Nothing 
could be done," the President said. "Now that is the fact. As far as we're 
concerned. That isn't much of a thing for Dean to have." Petersen replied, 
"Yeah." 

The President said that "you could Bittman I suppose Dean. He could 
have talked to him — but then you have hearsay." Dean, the President said, 
"is not credible. He is not credible. He really can't. He can't go out and 
say, 'Look I've talked to the President and he told me this and that and the 
other thing.' First, it's not true." 

Petersen said that in order to make Dean a credible witness he would 
have to plead and he would have to be corroborated in an essential degree, not 



(1643) 



87.6 HOUSE JUDICIARY COMMITTEE STAFF SUMMRY OF WHITE HOUSE EDITED 
TRANSCRIPT OF APRIL 27, 197 Z, 6:04-6:48 P.M. MEETING 

everything he said. Petersen said he could be corroborated in one respect by 
LaRue, in another by O'Brien, in a third by someone else, in a fourth by 
Magruder; that was the way it went and the case was being built. (pp. 24-25) 

The President then said there was one charge he would give Petersen: 
"If any of this — I mean, I can't allow it. Believe me that even prosecutors 
shouldn't even have informed you of this one. Or me — I — " Petersen said 
they described it as bombast, and rhetoric, and posing. The President said, 
"You examine them tomorrow. And you tell them, they are my men. I'm for them 
too. I want them to do the job. I want this to come out solid and right here. 
And they will start right into get the big fish." (p. 26) 

The President returned to Dean, and said he could give Petersen more 
time if he wanted to negotiate with Dean. Petersen said Dean needed more pressure. 
Petersen explained, "I think he was pressed up against the wall, he's seen the 
early-morning crisis pass and now he's had resurgence. You know, he sees 
Ehrlichman here. He sees Haldeman here. He sees John Dean still here. Nothing 
happens. His confidence is coming back rather than ebbing." (p. 27) 

The President asked for Petersen's advice on leaves of absence or 
resignations. Petersen suggested that with a leave of absence, the President 
would have the best of both worlds, have given them the benefit of the doubt and 
haven't cut the Gordian knot. Petersen said that the problem was one of timing, 
which was working to the President's detriment with respect to his press and public 
image and to the detriment of the investigation "because it is giving all of these 
people an attidue of hope that I think is unwarranted." (pp. 28-29) 

The President said that he hated to put Haldeman and Ehrlichman in the 
same bag with Dean because he had a different relation with them. Petersen said 



(1644) 



87.6 HOUSE JUDICIARY COMMITTEE STAFF SUMMARY OF WHITE HOUSE EDITED 

TRANSCRIPT OF APRIL 27, 1973, 6:04-6: 48 P.M. mETING 

— — >« 

that he thought a leave of absence was just a preliminary step to ulimate de- 
parture, but that it would indicate to the public that the President had not 
completely abandoned them, but was asking them to prove their worthiness to 
work in the Office of the President. Petersen said that was what he had to 
get out to the public, and mentioned his wife's concerns about the President. 
Petersen again said that the President shouldn't try to distinguish among the 
three of them, and the President said that he understood, he wouldn't try to 
distinguish, "but maybe they will be handled differently due to the fact that 
I am not communicating with Dean." (pp. 29-32) 

At the end of the meeting, Petersen described the procedure that 
would be used to follow up the reports of the burglary of Dr. Fielding's office 
and the plan to file a report with the court. (p. 33) 



(1645) 

35-904 O - 74 - pi. 3 -- 37 



88. On or about April 28, 1973 H.R. Haldeman and John Ehrlichman 
determined that they should resign from their positions on the White 
House staff. Haldeman and Ehrlichman have testified that the President 
did not request their resignations. 



Page 

88.1 H.R. Haldeman testimony, 8 SSC 3096 l^^S 

88.2 John Ehrlichman testimony, 7 SSC 2808-09 16^9 



(1647) 



r — 



88.1 H.R. HALDEmN TESTIMONY^ JULY 31, 1973, 8 SSC 2096 

3096 

Mr. BLvLDEMAN. March 21. 

Senator Talmadge. Yes. 

Mr. ILvLDE^tAX. I don't believe that Mr. Dean implicated me on 
March 21 except to say that there was a potential problem that could 
develop in connection with the transference of the $350,000. 

Senator T.u.5i.vdce. Did he question you about it extensively? The 
President? 

Mr. Haldemax. The President? He asked me about the matter of 
the 33.50,000; yes, sir. 

Senator T.almadge. Mr. Ehrlichman testified that INIr. Petersen had 
pressed the President to fire you on April 15 because of the impli- 
cations of the matter. Mr. Ehrlichman said that he voluntarily resigned 
under no pressure from the President. How about you 1 Did the Presi- 
dent ask you to resign? 

Mr. Hauje^ian. No, sir. The President and 'I discussed, as I testified 
this morning to the — to this committee, that at that time it became 
apparent to me, and I am sure it was apparent to the President, that I 
was not in a position to carry out my duties effectively and properly, 
and the question was discussed in terms — during the period of the last 
couple of weeks of April — in terms of a leave of absence or a resig- 
nation and ultimately decided on my part that a resignation was the 
proper course. The President agreed with that. 

Senator T.\lmadge. Now, you have been implicated by both Sir. 
Dean and the Assistant Attorney General, Mr. Petersen, and you were 
not asked to resign. That is your testimony, is it? 

Mr. HL^LDEivrAX. I don't believe that I had been implicated, Senator. 

Senator Talmadge. I am talking about what others have said. 

Mr. HALDEirAX. Yes, sir, but I mean 

Senator T.\i,3l\dge. Dean so testified. I understand the Assistant 
Attorney General had urged the President to fire you on April 15. 
Do yoii know anything about that? 

Mr. Haijjema?^. Well, you are basing that, as I understand it now, 
on ilr. Ehrlichman's testimony. Mv recollection is slightly different 
but 

Senator Talmadge. You disagree with Mr. Ehrlichman at this point. 

Mr. Halde^can-. No, sir. I would like to explain my point. My recol- 
lection is slightly different and perhaps not substantially different in 
that it was my imderstanding that ^Ir. Petersen's recommendation was 
that the President place us on leaves of absence because the testimony, 
the information that he had, concerned or contained matters that would 
be embarrassing to us in terms of our continuing in our position. He 
specifically, as I imderstand it. informed the President that he did not 
have an>-thing that legallv implicated us on that basis and the Presi- 
dent, it is my understanding, asked him — Si^id that he would not take 
action to place us on leaves of absence in the absence of specific charges 
or information that did implictate ns which ^fr. Petersen, as T under- 
shti ul it. never pi-oducod. 

Senator TALrirAocK. Thank you, Mr. Haldeman. ^fy time has expired 
and I must go to the floor to cast a vote also. 

Senator Gumey. 

Senator Gitkxfy. Thank you. 

.Mr. Haklernan. your statement was very full and comprehenstvo and 
.so uiTo the que.stiotis l>v counsel tod:!.y. 



L 



(1648) 



n 



88.2 JOHN EHRLICHMAN TESTIMONY, JULY 30, 2973, 7 SSC 2808-09 

2808 

those letters. I say more or less. He literally did dictate what he wanted 
in them. I had my secretary type them basically from the notes that I 
took from that conversation of the President and I understand that 
later on he did present them to Mr. Dean and Mr. Dean refusetl to sign 
either one. So he reported that to me later on in the day. 

There were those kind of — ^those kind of questions that were going 
on in discussion. At a point in time he asked Mr. Petersen 

Senator Guhnet. Stop right there. Did the President tell you why 
he wanted to fire Mr. Dean or have him resign ? 

Mr. Ehrlichman. Well, he felt that since Mr. Dean was continuing 
to come to the — come to the White House and apparently had access to 
his files and to other files presumably, in the central files of the White 
House, that it waa— they had then basically an adversary relationship 
and that it was an unhealthy situation, there ought to be a clean 
termination. 

This obviously did not take place. Mr. Petersen, I gather from talk- 
ing with the President, Mr. Petersen strongly urged the President 
following that, to make no move ■where Mr. Dean was concerned and 
the President acquiesced in that. 

We became — tnat is, Mr. Haldeman and I — ^became the targets of 
newspaper and other media attention about the 22d, about Easter, and 
fi-om then on through the 30th, very vigorous newspaper attack, is the 
only thing I can say. The Los Angeles Times printed a totally dis- 
honest and false story about my intervention in some Middle East ac- 
tivity. We were continually finding — I was continually finding myself 
laying aside the work of the day to prepare press statements or to 
research documents, things of this kind. 

What I am leading to, Senator, is 

Senator GuRisrET. Just a moment. At that point I think we should 
strike from the record — Mr. Chairman, I think we should strike from 
the record mention of this Vesco case. 

Senator Ervtn. Yes. 

Senator Gurket. We are trying to keep this 

Senator Ervtn- Yes ; it can be stricken from the record. 

Mr. HtnsDLET. Mr. Chairman^ I just want to state for the record, you 
know, the witness is being responsive and he has mentioned this case 
twice this morning. It just does not sufiice for Mr. Mitchell's purposes 
every time it happens to strike it from the record. 

Senator Ervin. Well, we are glad to have the interjection about the 
Vesco matter stricken but I believe that is as far as we can go at this 
time. 

Mr. Ehrlichman. In any event 

Senator Ervtn. And I will ask the witness to 

Mr. Ehrlichman. I am sorry. That 

Senator Ervin [continuing] . Any refrain from further refer- 
ence 

Mr. Ehrlichman. I had a personal interest in that one. I am afraid, 
Mr. Chairman, and this was the instance, however, that directly led to 
my realization that I simply could not do my job there and continue 
with the denials and harassment and all that that was going on. 

We began discussing very seriously with the President the need for — 
and this was separate — ^I began discussing and I understand Mr. Halde- 



(1649) 



88.2 JOHN EHRLICHMAN TESTIMONY, JULY 30, 1973, 7 SSC 2808-09 

2809 

man began discussing with the President the need for a leave of ab- 
sence about this point in time. And as we progressed into this week of 
April 23, that was the subject that was under serious consideration, 
alternatives, who could pick up for me and carry on the domestic side 
and work the policy questions, move the information to the President, 
and so on. And by the time the President went to Camp David on, I 
think the 27th, after we returned from Mississippi — from Senator 
Stennis' ceremony in Mississippi — I think the President was scheduled 
in his own mind, and it was my impression from talking with him on 
the airplane, that he had settled in his own mind that we should take 
a leave of absence at that point. 

Mr. Haldeman and I discussed this on the 28th and it was our mutual 
feeling at that point that even a leave of absence thing would be mis- 
understood and that we should simply make a clean break of it. The 
President invited us to Camp David on Sunday, the 29th, and we 
separately discussed with the President our point of view on this at 
that time. We both had extended private meetings with him and the 
upshot of that was we submitted our resignations. 

Senator Gurnet. Then, in summary, ^tween April 12 and AprilSO, 
in these meetings where you discussed Watergate, it was mainly a dis- 
cussion of how more and more you were becoming ineffective because 
of the media exposure to Watergate, including vou and also Mr. Halde- 
man. And those were principally the discussions that led up to the 
resisTiation ? 

Mr. Ehklichmax. There were other points obviously being raised. 
Mr. Petersen was pressing the contention, for instance, that I had 
urged Hunt to get out of the country and I had nrged Mr. Dean to 
dcstrov the contents of the safe and he was playing back to the Presi- 
dent in justification of his argument that we should be fired — testi- 
mony that was being picked up bv the prosecuting attorneys. So I in 
turn was trving to gather such evidence as I could on those points and 
as I said before, I talked to the people who were at the meeting of June 
19 and I reported to the President what they had said. 

Likewise, during this period of time we consulted counsel and laid 
out the facts for counsel and took his opinion as to whether or not we 
were guilty of any legal wrongdoing and made that report to the Presi- 
dent. So we were very much personallv involved in trying to indicate 
to the President what our point of view was, our recollection of the 
facts, where the truth of this matter lay. 

Senator Gurntt. Let me put it this way : In any of these meetings 
did the President say to you, "John, it has come to my attention that 
you were involved in the coverup in such and such a fashion and I can- 
not keep you on because of that?" Did any of the conversations go in 
this vein ? 

Mr. Ehrlichman. No. They went in the vein, "this fellow is making 
accusations against you," being John Dean. "These are serious allega- 
tions. I have confidence that what you are telling me is true but let us 
face it, the prosecuting attorney through Mr. Petersen is strongly 
urging that I put you on leave of absence and I have to listen to that 
advice." 

Senator Gurjtey. Did the President ask you to resign? 

Mr. Ehrlichman. No, sir. 



t 

u 



(1650) 



89. On April 29, 1973 the President met with Attorney General 
Richard Kleindienst at Camp David. They discussed Kleindienst 's 
resignation as Attorney General. The President asked Kleindienst 
if he could announce Kleindienst 's resignation in his statement the 
next day and Kleindienst consented. Also on that date the President 
met with Elliot Richardson at Camp David and informed him of his 
intention to nominate Richardson to be Attorney General. The President 
told Richardson that he would commit to Richardson's determination 
whether a special prosecutor was needed . 



Page 

89.1 Elliot Richardson testimony, SJC, 
Richardson Confirmation Hearings, 

May 22, 1973, 228 1652 

89.2 Elliot Richardson press conference, 

October 23, 1973, 29 1653 

89.3 Richard Kleindienst testimony, 

9 SSC 3597-98 165A 



(1651) 



89.1 



ELLIOT RICHARDSON TESTIMONY, MAY 22, 1973, SJC, RICHARDSON 
CONFIRMATION HEARINGS. 228 



228 

So I didn't know what he was ^oing to be seeino; me about and 
nothing that Ehrlichman said touched on the subject matter. 

Senator Txjxxev. Wlien tou saw 

Senator Byrd. Would the Senator yield? 
Senator TtrxxET. Yes. 

Senator Btrd. Mr. Secretary, are we to. understand when you saw 
Jlr. Krogh, you had no indication of what he wanted to see you about? 
.^ecretarv' Richardsox. That is correct. 

Senator Btm). Didn't yon just sav that Ehrlichman in his call to 
you indicated Krogh would have some "worthwhile information on 
the overall situation?" "^Vliat situation was he referring to? 

Secretary Kichakdsox. Well, he Iniew that the President was about 
to announce that morning that I was to be nominated as his Attorney 
General. So I knew it was something to do with Watergate or related 
matters, but I didn't know what aspects of any of those related situa- 
tions that it concerned. . " . - 
Senator Btrd. When he indicated to you that Krogh had some 
worthwhile information on the overall situation, didn't you pursue- 
It with him ? Did you not ask him what information Krogh would 
have, what situation he was talking about? 

Secretary Richardson. No, I didn't. He only called, as I under- 
stood him, for the purpose of suggesting I see Krogh. 

By the way, one other point that didn't emerge yesterday that ought 
■to be made at this point, I think, is that at the time when Ehrlichman 
called, he had not yet resigned nor had tlie President annoimced that 
he would resign. 

Senator Tunnet. Ehrlichman was intenriewed- br the FBI on 
April 27, and on that same day, Judge Matt Bvme released the sober- 
mg memorandum respecting the break-in, which tied in Liddy and 
Hunt to the break-in, as a matter of fact, and there was substantial 
amount of publicity with respect to that on the 27th and 28th. Did 
you have any inclination whatsoever at the time that Ehrlichman 
called you that what he wanted you to talk to Krogh about was on a 
matter relating to the Ellsberg psychiatiic office break- in ? 
Secretary Richardsox. No. 

Senator Txtxxet. And you never questioned him at all, you just 
assumed the fact the appointment that was being asked for by Ehrlich- 
man was routine? 

_ Secretary Richardson. I thought that he wouldn't have called if he 
didn't think that whatever Kroeh had to say was important. Krosh 
later called up for the appointment, and he evidently was proceedinjr 
_on the basis in his own mind that what he had to sav was important. 
Senator TxrvNET. Was this the same day that you spoke to the- 
President about your takine the job ? 

Secretary RicnARnsoN. No, I liad spoken to him the day before. 
That was Sunday. 

Senator TrxxET. That was Sunday, the 20th ? 
__Spcrptary RtrHAPr)*ox. Yes. 

Senator TrxxET. Tn tlie meeting with the President, which was 2 
davs p,ib?efiupnt to the yiublicity that Hunt and Liddv were involved 
with the Ellsberg break-in, did the President bring up this matter with 
you. tlie relationship of your responsibilities to the Ellsberg psj-chiat- 
ric office break-in, or did Ehrlichman or anvonc else ? 



(1652) 



89.2 ELLIOT RICHARDSON PRESS CONFERENCE. OCTOBER 22, 1973, 29 
Indistinct document retjrped by ,, . 

H ouse Judiciary Committee staff 
were references to matters of potential genuine harm to the 

national security if released. 

Mr. Mollenhoff. 

QUESTION: Did you have any conversations with 
President Nixon relative to the importance of the independence 
of the Special Prosecutor either prior to your hiring or after- 
wards? 

MR. RICHARDSON: I had only one conversation with Mr. 
Nixon directly about the role of a Special Prosecutor, and 
that was at the time when he initially asked me if I would be 
willing to be nominated as Attorney General. And at that time, 
he said in effect what he said the next day in a public state- 
ment, that he would commit to my determination the question 
whether or not a Special Prosecutor would be needed. He also 
affirmed at that time the determination that whoever was respon 
sible for the investigation would pursue it fully, fearlessly 
wherever It might lead. 

QUESTION: Do you feel that he reneged on that partic 
lar Isic] promise to you? 

MR. RICHARDSON: As he said in his own public state- 
ment, and as he said in his letter to me, which you now have, 
he had concededly intruded upon the degree of independence that 
had originally been attached to the role of the Attorney General 
and the Special Prosecutor. 

QUESTION: Where did he say there was the intrusion? 



Indistinct document retyped by 
House Judiciary Committee staff 



(1653) 



89. J RICHARD KLEINDIENST TESTIMONY, AUGUST ?. 197S, 9 SSC 3597-98 



n 

I hf 



3597 

I imagine if you received such instruction you would have recalled 
it now. 

Mr. Kleixdie.nst. I have no recollection of tliat. 

Senator Weicker. Xow, Mr. Kleindienst, I cannot, unfortunately, 
leave your resignation at the point where you indicated to this com- 
mittee that you preferred not to comment. I, too, in addition to, I 
believe it was Senator Gurney, found it rather strange to have you 
lumped in here in this same statement, I might add, with Messrs. 
Haldeman, Ehrlichman, and Dean, and so I am going to ask you the 
question as to whether or not this matter was not discussed with the 
President prior to this April 30 statement, whether or not — I will 
just get them on the table and let you answer them in your own way — 
you preferred to announce your own resignation, whether or not the 
President prevailed upon you not to announce your own resignation 
but to be lumped into this group. 

Mr. Kleindienst. "Well, I think the President and I had by differ- 
ent routes arrived at about the same conclusion. Obviously, we had 
because Mr. Richardson was up at Camp David that afternoon and I 
think the decision — I think the President made the decision, that he 
had to get another Attorney General. I had arrived at it independently. 

The President discussed specifically with me the fact that he wanted 
to amiounce my resignation tlie next day and he asked me to permit 
him to do so. I consented and I would prefer not tocomment further 
about it. 

I have had a lot of great things in my life and I have had some 
unpleasant things and that is just all part of life. 

Senator Weicker. I know, Mr. Kleindienst, but I tliink it is impor- 
tant to this committee to understand exactly wliat transpired in that 
instance. Did you want to resign yourself and make your own 
announcement ? 

Mr. Kleindienst. Well, I informed the President when I first got 
up there that I had arrived at the soulful conclusion that I had to leave 
and I think the President rejoined by saying. I think you are right. 
A couple of months before, our convei-sation was that he wanted me 
to be sure and stay past September when I left. One of the things he 
said, I have got to have a whole Attorney General. I cannot have half 
an Attorney General. And then came the conversation with respect to 
the manner in which it was going to be done. 

He asked me personally if I would permit him to do it then and he 
wanted to be able to announce the change in the Government, Mr. 
Richardson's appointment, and I consented to tliat. 

Senator Weicker. In other words, it was his desire that you be put 
into this group. It was not your desire? 

Mr. Kleindienst. He asked me to permit him to announce my resig- 
nation tlien and I consented to it. Senator. 

Senator Weicker. I still have to ask tlie question, wliy — why you 
were not permitted to go aliead and announce your own resignation? 

Mr. Kleindienst. The President asked me to permit him to do it — 
that Monday niglit. 

Senator Weicker. When you fir-st arrived at Camp David, did you 
want to announce youi- own resignation ? 

ill-. Kleindienst. Yes, sir. [ had so infoiiued him before our 
coiuersation. 



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89.2 RICHARD KLEINDIENST TESTIMONY^ AUGUST 7, 1973^ 9 SSC 3597-98 

3598 






Senator WEicifF.i?. So it was at tlic importuniiio: of the President you 
did not announce your own rcsi<z:nation but, rather, went along witli 
his request to be ]'u"t into this <rroup, is tliat correct '. 

Mr. Kr.EiNDiKNST. Weil, he is tlie President of tlie T'nited States. 
I was serving liini. He asked me to do it. I did. 

Senator "Weicker. I would like to, if I could, ask a few random ques- 
tions until my time e.xpires. 

The sequence insofar as Mr. Gray is concerned, April .') he withdraws 
his name for consideration for the Senate, is that correct ? 

Mr. Kleixdiex.st. Yes, sir. I believe that is the date. April 5. 

Senator Weicker. And I believe also at that time you wrote a very 
warm_ pei-sonal note of ai)preciation to Pat. 

Mr. Kleindien'st. I have the highest regard for Pat Gray. T think 
he is one of the finest men I have e\ er known in my life and I feel very 
sorrv for him. 

Senator Weicker. Now, on April 27. following the conversations in 
your office on the 26th, he steps down. 

Mr. Ki.EiXDiENST. Yes, sir. 

Senator Wekkei?. Now, what tianspired in the meantime here? Or 
more si)ecificallv, more specifically, at what i>oint did you become 
aware that apparently both the President and certainly Mr. Ehrlich- 
man and Mr. Dean had come to the conclusion that Pat Gray would 
not be the man for the Directoi-ship o-f the FBI '. 

Mr. KEEtxDiENST. Well, you have to distinguish between. I guess 
the events that occurred after April 5 when it was, I think, indicated 
sometime around that time, and before April 15, Mr. Gray's nomina- 
tion had been withdrawn from the Senate. And then after April 15 
and before April 'M) I had a meeting with Mr. Gray and Mr. Petei-sen 
in my office in the middle evening around K or S ::>"(>. The next day he 
then resigned as the Acting Director of the FBI. 

I do not know wiien I learned of the decision that >[r. (Jrays name 
would be withdrawn from the Senate to be the Acting— to be the per- 
manent Director, I am sure I would have known about it around that 
time. 

Seiuxtor Weicker. Aronnd what time ? 

Mr. Kleindienst. Well, the time that it was withdrawn, his nomina- 
tion was withdiawn. You see 

Senator Weicker. We had testimony. Mr. Kleindienst. before this 
committee that he would indicate that" both Mr. Ehrlichman_and the 
President had soured on Pat Gray around March 6 or March T. 

Mr. KLEiNorENST. I did not know about that. I knew. I guess, as of 
the time I was out in San Glemente around April .5 that I must have 
known the decision was made because we were talking about my rec- 
ommcndations for a pel son foi- the President to nominate to be the 
next permanent Director. So I guess I knew about it prior to April 5. 
I do not believe I was informed that day of the decision. I think I 
probably knew that before. 

Senator AVeicker. Now, in testimony yesterday Mr. Gray indicated 
to tlie committee — T tliink 1 am correct in my [iaraphrast> — that when 
they met in your office on the excning of flu^ 2i>th.you ad\ ised Mr. Gray 
that vou thought it best that lie step down. 

Mr. KnEixniExsT. Yes, I did, and Pat really did not atrree with that. 
I called the President, gave him a report of the meeting, what Pat 



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90. On April 30, 1973 the President made a nationwide televised 
address on the Watergate matter. He announced the resignations of H. R. 
Haideman, John Ehrlichman, Richard Kleindienst and John Dean and the 
appointment of Elliot Richardson as Attorney General of the United 
States. 



Page 

90.1 President Nixon address, April 30, 

1973, 9 Presidential Documents 433-34 1658 



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90.1 PRESIDENT NIXON ADDRESS, APRIL 20, 1973, 9 PRESIDENTIAL 
DOCUMENTS 433-34 



PHESIDINTIAI. DOCUMENTS: JICHAaO NIXON, 19/3 



oviucncs wi 



i-.e nrij.Topriate author! 



.K,d I 



should spend the time ntcKs.xry in relation thereto. 

One of the toughest problems we liave in tiiis life is in 
seein.'^' the difference hetwccn the apparent and the real, 
and in basing our aetions only on that which io real. We 
;dl m«.,t do that more than we do. I have confidence in the 
ulrimat.-: prevalence of tniti;; I intend to do wh it I can to 
speed truth's discover)'. 

TliL-rcfore, Mr. President, I submit to you my resigna- 
tion. There are cm t!ie Domestic Council staiT so many 



^•.■: 1 people of ability riiac i am. cop.riJen: a i.-ansition of 
m;. responsibilities can f)c affected without lo.w of progress. 
I '•■■ill do all I can to a.wst in arcompllshing the transition. 
Yours sincerely, 

]0HS D. KlIRLICftMAN, 

Aiiislar.l to the President. 
[The P.-e-idont, the White Hiyui-, Washington, D.C.] 

;;or£: For a srutcinent by the Prr:idcnt ar.r.otinci.T^ the rciignatiooi, 
s<;e the preceiiin;^ i:em. For the Presi'le.nt 
see the f'jl'nw-jng its.Ti. 



address to tiie Nation, 



THE WATERGATE INVESTIGATION 



Th£ Presidents Address to the Nation. April 30, 1973 

Good evening: 

I want to talk to you tonight from my heart on a subject of deep 
concern to every American. 

In recent months, members of my Administration and officials of 
the Committee for the Re-election of the President — includLng some of 
my closest friends and most tnisted aides — have been charged with 
involvement in what has come to be knowTi as the AVatergate affair. These 
include charges of illegal activity during and preceding the 1972 Presi- 
dential election and charges that responsible officials participated in 
efforts to cover up that illegal activity. 

The inevitable result of these charges has been to raise serious 
questions about the integrity of the ^Vhite House itself. Tonight I wish 
to address those questions. 

.Last June 17, while I was in Florida trying to get a few days rest 
after my visit to Moscow, I first learned from news reports of the ^Vater- 
gatc break-in. I was appalled at this senseless, illegal action, and I was 
shocked to learn that employees of the Re-election Committee were 
apparently among those guilty. I immediately ordered an investigation 
by appropriate Government authorities. On September 15, as you will 
recall, indictments were brought against seven defendants in the case. 

As the investigations went forward. I repeatedly asked those con- 
ducting the investigation whether there was any reason to believe that 
members of my Administration were in any way involved. I received 
repeated assurances that there were not. Because of these continuing 
reassurances, because I believed the repons I was getting, .because I had 
faith in the persons from whom I was getting them, I discounted the 
stories in the press that appeared to implicjite members of my Adminis- 
tration or other officials of the campaign committee. 

Until March of this \ e.ir, I remained conv inccJ that the denials were 
ti u,- and that thi- charges of invf)hcment by memhci-s of the White House 
Suiff ^', cr<: false. The coninu-ius I made ciurin-^ this pcrifxi. and the com- 



mi-iits made bv niv Prevs Si-cn^tan- in ht. be: 



wi-ro ba^v'd or, the infor- 



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90.1 PRESIDENT NIXON ADDRESS, APRIL 30, 1973, 9 PRESIDENTIAL 
DOCUMENTS 433-34 



L 



PRESIDSNriAL DOCUMENTS: RICHASO NIXON. 1973 

n<:v. information then caaij to me v. -u' ri pcrsuad-d n>x- that th-?re v/ii, a 
real possibility that soine of these charges were true, and sii.^'gesting further 
that there had been an effort to conceal the facts both from the public, 
from you, and from me. 

As a result, on March 21, I personally assumed the responsibility 
for coordinating intensive new inquiries into the matter, and I personally 
ordered those conducting the investigations to get all the facts and to 
report them directly to me, right here in this ofHce. 

I again ordered that ali persons in the C-Jvemment or at the Re- 
election Committee should cooperate fuliy with the FBI, the prosecutors, 
and the grand jury. I also ordered that anyone who refused to cooperate 
in telling the truth would be asked to resign from government service. 
And, with ground mles adopted that would preserve the basic consti- 
tutional separation of powers between the Congress and the Presidency, 
I directed that members of the White House Staff should appear and 
testify voluntarily under oath before the Senate committee which was 
investigating Watergate. 

I was determined that we should get to the bottom of the matter, and 
that the truth should be fully brought out — no matter who was involved. 

At the same time, I was determined not to take precipitate action, 
and to avoid, if at all possible, any action that would appear to reflect on 
innocent people. I wanted to be fair. But I knew that in the final analysis, 
the integrity of this office — public faith in the integrity of this office — 
would have to take priority over all personal considerations. 

Today, in one of the most difficult decisions of my Presidency, I 
accepted the resignations of two of my closest associates in the White 
House — Bob Haldeman,, John Ehrlichman — two of the finest public 
servants it has been my privilege to know. 

I want to stress that in accepting these resignations, I mean to leave 
no implication whatever of personal wrongdoing on their part, and I leave 
no implication tonight of implication on the part of others who have been 
charged in this matter. But in matters as sensitive as guarding the integrity 
of our democratic process, it is essential not only that rigorous legal and 
ethical standards be obser\'ed, but also that the public, you, have total 
confidence that they are both being observed and enforced by those in 
authority and particularly by the President of the United States. They 
agreed with me that this move was necessary in order to restore that 
confidence. 

Because .Attorney General Kleindienst — though a distinguished pub- 
lic sei"vant, my personal friend for 20 years, with no personal involvement 
whatever in this matter — has been a close personal and proiessional asso- 
ciate of some of those who are involved in this case, he and I both felt 
that it was also necessary to name a new Attorney General. 

The Counsel to the President, John Dean, has also resigned. 

As the new Attorney General, I have today named Elliot Richardson, 
a man of unimpeachable integrity and rigorously high principle. I have 
directed him to do evetything necessaiy to ensure that the Department 
of Justice has the confidence and the trust of every law abiding person 
in this country. 

1 have given hitn absolute authority to make all decisions bearing 
upon the prosecution of the Watergate case and related matters. I h.ive 



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GENER«t. BOOKBINDING CO. 

i::-!HY ^ 071 
75: !3 

QUALITY CONTROL MARK 



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